I’m sure most of you have heard that old saying, “Anything you say, can and will be used against you in a court of law.” Almost everyone associates this cliche’, but extremely true saying, with the police using what you say against you in court for your prosecution. There is a silver lining though…..
Another cliche’ i’ll throw your way is, the sword cuts both ways. There are distinct advantages that can be had by things you have said during the course of your DUI arrest. That is, of course, as long as the things you say are actually helpful rather than hurtful. Here’s something to keep in mind. As part of an initial DUI investigation law enforcement will generally look for slurred speech, or the inability to articulate your words like a sober person. Usually, the police report describes the drivers slurred speech, and uses that as a basis to form probable cause for arrest. There is seldom any evidence to counter these statements by police, other than your word and maybe the word of witnesses in your car.
Luckily, most police stations now record the activities in the “booking room.” The area where you are booked into jail subsequent to your arrest. These videos can help to illustrate just how sober you may have been, and how inaccurate the police officers report was. If it says you were slurring your speech, and the video shows otherwise. Boom – the cops now a liar on the stand, unable to really stand behind ANYTHING in the report.
This has been effective in the past, but the key is to have an attorney who will really put in the grunt work to find this information so it can be used. It’s all about the time you put into these types of cases. If your innocent, then there is always a way.