Q: I was not read the Miranda warning at the time of my ticket, can I get my case dismissed?

A: No. Although, the officer is supposed to give a 5th Amendment/Miranda warning against self-incrimination, after you have been arrested, quite often they do not. The real consequence is that the prosecution cannot use any of your answers to questions asked by the police after the arrest. More to the point, drivers accused of most traffic offenses are not generally “arrested”, as they are served with a ticket and summons to appear in court, instead, and released on their way.

Of more consequence in most cases involving DUI, is the failure of an officer to advise you of the Commonwealth of Virginia's "implied consent" law. That is, your legal obligation to take a chemical alcohol test and, most importantly, the repercussions if you refuse. This rule can have a significant effect on the type of punishment you receive, as well as and the type and length of the suspension of your license.