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Criminal Procedure

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Cleveland State University

1969

Breathalyzer test

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Police Warning In Drunk Driver Tests, Richard Galex Jan 1969

Police Warning In Drunk Driver Tests, Richard Galex

Cleveland State Law Review

Recently, the Supreme Court specifically declined to consider the applicability of Miranda to motor vehicle cases in general. The various state courts are now being called upon to decide the extent of its application and, in particular, whether the Miranda mandate controls in misdemeanor proceedings. This article examines the present status of Miranda in relation to drinking driver traffic offenses as interpreted by the various courts, and the necessity of extending the rule to these offenses.