A very common misconception when dealing with law enforcement is that you MUST voluntarily offer information that is requested from you. This is not true! As you have heard on every cheezy cops show you have ever seen, “What you say can, and will be used against you in a court of law.” That means that everything you say – EVERYTHING – will be used against you. Here’s a hypothetical:
Officer: Have you had any drinks this evening?
Before we answer, lets think about what he is asking us to confess to. The law enforcement officer is asking whether or not you have consumed alcohol, got into your vehicle, and then drove. He is essentially creating probable cause to conduct further investigation. Here’s the amazing part – You are well within your rights to answer with “I’m sorry, but I will not be offering any information.”
Most people are afraid that if they withhold information, and make the cops life difficult, you may piss him off and end up in jail. The real decision you have to make when your involved in this situation is whether or not you think you’re going to jail anyway. If you have been drinking, and you voluntarily tell the cops you have been consuming alcohol, you take out numerous arguments that may be available to an attorney in your fight. And then on top of telling the cop you were drinking, you will still be arrested for DUI and taken to jail.
However, if you stay strong and keep your information close to your chest, and refuse to voluntarily offer up information, you may still be arrested for DUI and taken to jail. The massive benefit here is that you are arrested on MUCH less information than in the first scenario. I would personally rather be sitting there thinking about what the cops don’t know, then regretting everything I gave away that could have incriminated me.
Just food for thought!
The post Can I say nothing? appeared first on Law Offices of Taylor and Taylor - DUI Central.