McCarty (D) was driving and weaving on the highway. Officer Williams. forced D to stop and asked him to exit the car. Williams noticed that D had difficulty standing, and administered a field sobriety test. D failed this test. Williams concluded that he would charge D with a traffic violation and that D would not be permitted to immediately leave the scene. Williams asked D if he had been using intoxicants. D replied that he had drunk two beers and smoked marijuana. Williams then arrested D and took him to the county jail where D was questioned further without Miranda warnings. While at jail, D made more incriminating remarks. At D's trial, all statements made were placed into evidence and D decided to plead no contest. He was convicted of driving under the influence. D appealed. On appeal the court held, as per the Ohio Supreme Court, that the rule announced in Miranda 'is not applicable to misdemeanors.' The Ohio Supreme Court dismissed respondent's appeal on the ground that it failed to present a 'substantial constitutional question.' D filed habeas corpus. The District Court dismissed the petition, holding that 'Miranda warnings do not have to be given prior to in-custody interrogation of a suspect arrested for a traffic offense.' A divided panel of the Court of Appeals for the Sixth Circuit reversed holding that 'Miranda warnings must be given to all individuals prior to custodial interrogation, whether the offense investigated be a felony or a misdemeanor traffic offense.' The Supreme Court granted certiorari.