Posted by Jim Yeargan in Jim's Blog on October 12, 2018
A man in Fort Oglethorpe was recently arrested on several traffic charges including driving under the influence as well as driving with an open container, failure to maintain lane, failure to signal, and improper use of a turning lane. Law enforcement officers noticed the man weaving between lanes of traffic and almost ending up on the sidewalk.
After the man was stopped, he admitted to law enforcement that he had consumed too much alcohol and was in poor condition. The man needed to lean against his vehicle to maintain balance and could not complete a field sobriety test. Law enforcement searched the man’s vehicle and discovered a flask of whiskey in his passenger seat.
Since his arrest, the man has been released from jail on bond.
Admitting to a law enforcement officer that you had too much to drink is just one of the things that you should never do. This article reviews just a few more of the things that you should never say to the police officers because they will likely create additional obstacles in your case.
Admit That You Have Had Alcohol or Marijuana
Some people think that if they admit to using only a small amount of alcohol or marijuana, that law enforcement will understand and avoid filing any charges. The truth is that even if you tell law enforcement that you drank a reasonable amount, this statement can be used by law enforcement to support a finding of probable cause to search your vehicle as well as your person.
Grant Permission to Search
To perform a search, law enforcement requires probable cause or reasonable suspicion, unless you provide your consent to search either your person or vehicle. While some people think that law enforcement will search their vehicle or person no matter what happens, if the police do this, it will be considered an illegal search and seizure, and any evidence that is discovered will be ruled inadmissible.
If you admit that you committed the crime with which you are charged, there is the potential that law enforcement can later use this information against you. This applies whether you are innocent or guilty. Wait for your lawyer to be present before admitting any fault.
Provide More Details Than Necessary
If you are stopped by law enforcement, you should always make sure to exercise your Fifth Amendment right to silence and avoid saying anything that can be incriminating. This means that you should avoid talking too much and inadvertently providing law enforcement with statements that can later be used against you.
If law enforcement asks you any questions that would likely result in incriminating answers, you should instead refuse and politely remind the officer that you are asserting your right to remain silent.
Contact an Experienced Lawyer
If you or a loved one faces marijuana or alcohol-related charges associated with operating a vehicle in the state of Georgia, you should not hesitate to speak with a knowledgeable attorney. Contact Yeargan & Kert LLC today to begin taking the steps necessary to make sure that your case resolves in the best possible manner.