If you have ever watched Law & Order (or Law & Order: SVU, which I personally prefer), you may know more about the operation of the criminal justice system than you realize. A lot of it is dramatized, to be sure. However, there are some kernels of truth to be learned. One is, the police are allowed to use dishonest tactics to extract information.

For instance, remember any episodes where Olivia Bentsen claims to have an eyewitness, or DNA, or something that would connect the “perp” to the crime they are investigating? And it wasn’t true?

That is allowable. In fact, it often works. Look at it this way.

If the state had a good case against you, they wouldn’t need to obtain a confession. If they are talking to you, it means they are short on information. In fact, it is likely they can only detain you based on the information you provide them.

The best thing anyone accused of a crime can do it say nothing. Well, say nothing – then call your lawyer.

But, one should never forget, the only way the state can get that particular bit of evidence against you is for you to allow them to get it. In short, DUI’s are significantly easier to defend if you do not do a breath test.  Add to that, there is never a good reason to do a field sobriety test, either. No one says you have to incriminate yourself. If the only evidence the state has against you is that your right tail light is out, it will be exceptionally difficult to convict you of a DUI.

The problem is that many people who are in a DUI-type situation have little experience with law enforcement, and have a healthy respect for the authority of an officer of the law. It is good to have that respect; however, anytime an officer asks you whether you want to do something, your fate rests in your own hands. Contrary to what the officer might tell you, cooperation seldom makes things better, and likely will make things worse. Outside of the most egregious facts, where someone is pulled over for weaving, swerving, or hitting something, the only evidence the state has against you would be what you give them.

So, if you are pulled over, remember – you have the power to save yourself. Then call us.