The cop didn't read me my rights. Does that mean I win?

In popular culture, every time a police officer makes an arrest, the officer immediately reads the defendant his "Miranda rights" - you have the right to remain silent, everything you say can and will be used against you in a court of law, you have the right to an attorney, if you cannot afford an attorney, one will be appointed for you upon request.

However, neither the Federal Constitution, nor the New Hampshire Constitution, requires police officers to routinely read these rights immediately upon arrest. Rather, officers must only ask these questions, after arrest, if the officer intends to engage in "custodial interrogation" - questioning of the defendant, or comments intended to elicit an incriminating response, while the defendant is in custody.

Up until the point of arrest, in the typical case where there is a motor vehicle stop and roadside investigation, the officer can ask questions, including questions that are designed to get the driver to incriminate herself like "how much have you had to drink tonight?", without reading Miranda rights.

If the officer interrogates a person who is in custody, without reading Miranda rights, the typical remedy is to "suppress" (eliminate from evidence at trial) the defendant's incriminating statements, and also, potentially, suppress any evidence obtained as a fruit of those statements. Suppression of evidence, not outright dismissal of the case, is the remedy.