DUI Stops and Party Admissions

The burden of proof for a crime in the United States is on the prosecution. Many DUI defendants shoot themselves in the foot because they don’t understand the concept of evidentiary party admissions.

Miranda rights are something we see all the time on television and in movies. The repeated droning of “You have the right to remain silent…” is such that most people don’t think about what is really being said. When a police officer says the Miranda rights warning to you, he or she is saying you have the right to remain silent and ANYTHING you SAY may be used against you. This is because anything a defendant says is admissible in court.

You’ve been out on the town and are driving home. The tell tail red lights go on behind you. The officer starts asking you questions. In most cases, you should answer them courteously. That being said, you should also answer briefly and avoid “talking up” or arguing the officer in question. Why? Well, anything you say will be used against you.

There is a classic video on the web of a man who has been pulled over for drunk driving. All of the classic field sobriety tests are administered and he passes them without a hitch. Still, he is obviously hammered. The female police officer compliments him and suggests he can probably dance well to. The gent starts dancing and she asks him if he is professionally trained. His answer?

“No, I’m just drunk!”

Do you think this statement was raised in court? No, it wasn’t. Why? Because you can bet he took a plea deal because he would’ve been crushed at court. The entire episode was caught on television. Once the jury stopped laughing, they would’ve found him guilty and a harsh sentence would’ve been handed down.

Now, what if he didn’t say anything? Well, he passed all the tests so the best the officer could do is arrest him for driving while impaired and then seek out a blood test. He would then plead out on something less severe. It would still be painful, but not massively so.

Make no mistake. I am not suggesting you should drink and drive or there is any way to get around a conviction. That being said, the burden is on the government to prove a crime. Don’t do their job for them by making statements that make their case.

DUI Arrest – Understanding Your Prosecutor

A DUI arrest leads to a criminal case. This means you face the possibility of doing time in jail, probation, fines and administrative penalties like the loss of your license. The person who will be in charge of representing the government against you is the prosecutor.

A DUI is often the first real experience many people have with the criminal justice system. It is not a fun experience. Most defendants come into the system thinking justice is the goal of the court system. It is, but the means for getting to a “just result” is something very surprising to the average person.

In the sterile world of law school, the prosecutor is supposed to go for a just result. They are supposed to review the case objectively in relation to whether a crime has been committed and in regard to whether a charge should be levied. They are also supposed to be open minded towards dropping the case at any time evidence comes forth that points to the innocence of the defendant. Prosecutors in the real world rarely act this way.

The first thing most defendants in a DUI case say is they can’t believe how vicious the prosecutor in their case is. Instead of going for a just result, the prosecutor seems to be taking things personally and going after the defendant like a tiger. This is because the prosecutor’s reputation is based on getting convictions. If they want to move up in the chain of command, they have to produce results. If they want to run for political office, they need to be “strong on crime.” This means you are not a person to them. You are a mark to be made on their belt of convictions.

Does the defendant have anyone in their corner? Yes. They usually have their family, but their not much good in court. The only other person on their side is their defense attorney. If the prosecutor is coming at you like Attila the Hun, you want an attorney who is going to be returning just as much fire and perhaps even more. Ideally, your defense attorney should treat the case like they are the one on trial.

So, how does any of this end up in justice being done? Well, the general theory is if both sides battle like mad dogs, a just result will ultimately be reached. It sounds like a nice theory, but we all know what happens when people with lots of money go on trial. They can hire great defense attorneys who can often win the case. If you are arrested for a DUI, you need to be taking the same approach. If you’ve been spending for a rain day, you should consider this to be it.

Understand your prosecutor is fairly simple. They want to convict you for a DUI and any other charges that can strap on to your case. Spend the money to get a great DUI defense attorney. You need to fight fire with fire!