Don’t Say Anything!
Comedian Ron White famously said of his interactions with the police while under the influence that he “had the right to remain silent…but not the ability.” You have a Fifth Amendment Right to remain silent. The police cannot punish you for exercising this right. USE IT!
So often a perfectly defensible case will be destroyed by a client’s ridiculous attempts to talk his or her way out of a DUI situation. Police officers are very willing to listen to what you have to say. A common tactic used by some experienced officers is the “it’s all over now, I’ve arrested you, let’s be honest” approach. They are seeking to solicit information to bolster the arrest and use against you in court. It has also become a common practice for police agencies to conduct an “INTERVIEW” after advising a client of his or her Miranda Rights. These so-called interviews is designed to elicit incriminating statements that destroy in advance any potentially mitigating conditions the defendant may wish to assert. Questions like, “what have you had to drink?” “where were you driving to?” “when did you have your last drink?” “Do you suffer from any medical conditions?” etc. The police officer simply goes down the list checking off the elements of the offense of drunk driving that the defendant willingly admits to. Some clients even admit to being “buzzed” or feeling “inebriated” while they were driving even when credible evidence to the contrary is later discovered.
The best advice is to tell the officer that you will not answer any questions until you speak to you attorney. If you cannot get an attorney on the phone immediately (my 24 hr number is 937-776-2671) say that you do not feel comfortable making any statements. Evidence of your silence subsequent to Miranda warnings is inadmissible and no comment on your silence can be made. Doyle v. Ohio, 426 U.S. 610, 96 S.Ct. 2240 (1976) see also State v. Stephens, 24 Ohio St.2d 76, 263 N.E.2d 773 (1970). Your right to remain silent will be protected by having your DUI attorney file a Motion in Limine prior to your trial. By knowing your rights you will gain a measure of control over this intimidating situation.
Dayton DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver. He has the credentials and the experience to win your case and has made himself Dayton’s choice for DUI defense. Contact Charles Rowland by phone at 937-318-1DUI (937-318-1384), 937-879-9542, or toll-free at1-888-ROWLAND (888-769-5263). For after-hours help contact our 24/7 DUI HOTLINE at937-776-2671. For information about Dayton DUI sent directly to your mobile device, text DaytonDUI (one word) to 50500. Follow DaytonDUI on Twitter @DaytonDUI or Get Twitterupdates via SMS by texting DaytonDUI to 40404. DaytonDUI is also available on Facebook,www.facebook.com/daytondui. You can also email Charles Rowland at: CharlesRowland@CharlesRowland.com or write to us at 2190 Gateway Dr., Fairborn, Ohio 45324.
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