Miles v. State

Judge Harold R. Banke.

Gregory J. Miles was convicted of driving under the influence (“DUI”). He enumerates two errors, both asserting that the admission of evidence of his post-arrest silence when asked to submit to a blood test violated his constitutional rights.

This case arose after local law enforcement established a road block to check insurance cards, licenses and tags on the entrance ramp of an interstate highway. Four patrol cars, with their emergency equipment activated, illuminated the clear, dark night. Around 4:00 a.m., a number of cars pulled onto the ramp. Miles’ car was among…