DUI: Miranda must be videotaped unless...

Because DUI law can sometimes be complicated, it is always nice when a case comes out that gives some guidance.


In State v. Kinard, the defendant was in a car accident after allegedly drinking and driving. The first deputy to respond placed the defendant under arrest for disorderly conduct. When the state trooper arrived after the deputy, he read the defendant his Miranda rights while the defendant was in the front seat of the responding officer's car. The video only captured the trooper.


The court of appeals held that the video did not comply with 2953(a), which requires videotaping of the giving of Miranda.



However under 2953(b), they also held that this incident fell under one of the four exceptions to the video requirement because it would have been impractical to take him out of the police car because he was arrest for public disorderly conduct.



Because this case is still on appeal, I won't give any commentary on it besides saying that it highlights a lot of other DUI case law and compares and contrasts it to these facts.

© 2020 by Everyday Evidence

Daniel@everydayevidence.og

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