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Fine Points of the Law

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Joey Bergamine, 19, who is preparing for a re-trial in Fayetteville, N.C., on a DUI charge stemming from a July 2007 incident, will argue that he should have been advised of his right to have a lawyer present when his father kicked open his bedroom door hours after the incident to help police officers who had come to question him. Joey's father is the police chief of Fayetteville, and Joey's lawyer said entering a locked room, as well as the subsequent interrogation, constituted "police" action and not "parental" action, and since his dad failed to "Mirandize" him, the charge should be dismissed.

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