Posted by Jim Yeargan in Jim's Blog on November 30, 2018
Two men were recently arrested in Calhoun, Georgia on a charge of possession of marijuana. The arrest occurred after a traffic stop led law enforcement to discover a pill bottle of marijuana inside of the vehicle. The vehicle was stopped after law enforcement saw it swerve to miss pedestrians who were walking across the road.
When questioned by law enforcement,, the driver replied that he was not certain why the smell of marijuana was emanating from the vehicle. Both the driver and passenger then began to argue about who actually owned the marijuana. As a result, both the driver and passenger were arrested and charged with possession of less than an ounce of marijuana as well as failure to yield to pedestrians.
Whatever happens during a DUI stop, most people want to avoid saying anything that can make matters worse. Understanding how to interact with law enforcement can make a substantial difference in the penalties you end up facing. This article reviews some of the things that you should never tell Georgia law enforcement.
Admitting How Much You Have Had to Drink or Smoke
A surprisingly large number of people tell law enforcement how much they have had to drink. Sometimes people even admit to drinking or smoking something when they have not even consumed anything. The best way to respond in these situations is to not admit to having had anything to drink.
Admitting You do Not Know What is in Your Vehicle
When asked by law enforcement what is in your vehicle, do not claim that you are uncertain. In reality, most people know what is in their vehicle, house, or on their person. If asked whether drugs are on your person, the best answer is to respond that there definitely are not. Responding with uncertainty will make law enforcement suspicious about what you might actually be carrying.
Giving Law Enforcement the Ability to Search a Vehicle
Everyone who is pulled over by law enforcement has rights including the right to refuse a search. Law enforcement can only automatically search your vehicle if they have probable cause or immediately following an arrest. Law enforcement can also search your vehicle if you give them the permission to do so. Under no circumstance should you give law enforcement permission to search your vehicle.
Anything Potentially Threatening
it is often a good idea to say as little s possible when interacting with law enforcement. Avoid prolonging the conversation with law enforcement, and by all means, avoid saying anything intimidating. Saying anything that law enforcement views as threatening could lead them to view you as dangerous. Instead, it is best to assert your Fifth Amendment rights and remain silent if questioned by law enforcement,
Speak with a DUI Defense Lawyer Today
While this article has just reviewed numerous things that you should not do if you encounter law enforcement, it is just as important to understand what you should do. One of the things that you should make sure to do if you encounter law enforcement is to quickly obtain the assistance of a skilled DUI defense attorney. Contact Yeargan & Kert, LLC today to schedule an initial free consultation.