Generally, when the individual behind the wheel faces police officers stopping him or her, it is a right to remain silent during the stop even if suspected of a crime. However, there are some details that police will need which requires a minimum of answering which occurs before Miranda Rights are read for possible interrogations.
Self-Incrimination and Remaining Silent
Once stopped by cops, the individual could incriminate his or her situation by speaking too much. It is often a right to remain silent no matter how much police pressure the person. However, he or she will need to answer identifying questions to ascertain who this individual is and what happened. Then, all other questions may remain unanswered in usual circumstances to prevent self-incrimination. The ability to remain silent coupled with still movements and a lack of incriminating evidence through behavior could increase the strength of a defense against this situation. Then, after Miranda Rights are read, this person could use a lawyer to speak for him or her.
Calling a Lawyer
There are some events where the driver could call his or her lawyer before the cops ask any questions. In the situations where the officers permit, they could speak with the legal representative instead of the driver. This could help prevent self-incrimination along with keeping the person free from most interactions with the cops. However, many states or officers will not let the person call a lawyer until after the Miranda Rights are read and the individual is in the local precinct facing a blood, urine or breath test. Then, the accused may need to wait until the lawyer arrives before answering any questions.
Giving Too Much Information
Generally, one of the reasons to remain silent when stopped by cops for suspicion of the influence of drugs or alcohol is because the driver may give away too many details. However, remaining silent is usually only half the battle. The act of staying silent may provide additional information to the police through behavior or body language. The less the person is able to remain silent, or the more he or she talks normally, the more likely this individual may give away an influence of alcohol because of the lack of speaking. His or her actions may explain that alcohol was part of the situation through the inability to walk without stumbling or by slurring what little the person does speak.
Another aspect of giving too much information to cops is the need to speak the truth. When confronted with authority figures, many will want to provide too much information in the form of babbling or giving the full truth of the situation. Even if remaining silent during most interactions, the driver may still have this need. If affected by alcohol, the driver may give too many details about what little he or she does say about the state of affairs. The cops may garner enough information to determine where the person came from and what he or she drank before getting into the car.
The Limits of Information
Generally, the driver must supply the police officer with certain details. These may include his or her name, the driver’s license info, insurance proof at the time of the stop and possibly the drivers’ licenses of passengers. If the cops ask the driver to step out of the vehicle, it is usually because there is greater suspicion that the individual is under the influence of drugs or alcohol. This is normally when the DUI investigation begins. Any actions, behavior and words spoken can incriminate the person. At any point, if this driver acts as if alcohol influences his or her motor skills or cognition, an arrest is possible.
The Possible Arrest
Even when the person speaks no other words after giving his or her information, an arrest is still possible. The officers may determine that a field sobriety test provides sufficient evidence of alcohol or drug influence. It is often not possible to limit movements during these tests, and all actions could incriminate the driver even if he or she is moving slowly to walk in a straight line carefully.
The Lawyer in a DUI Stop
The lawyer hired for a DUI stop may need to assist with the individual in remaining silent and answering questions during an interview with police after the initial arrest. Even if the words do not incriminate the person, his or her actions may still accomplish this and could require legal in help in explaining.
Self-Incrimination and Remaining Silent
Once stopped by cops, the individual could incriminate his or her situation by speaking too much. It is often a right to remain silent no matter how much police pressure the person. However, he or she will need to answer identifying questions to ascertain who this individual is and what happened. Then, all other questions may remain unanswered in usual circumstances to prevent self-incrimination. The ability to remain silent coupled with still movements and a lack of incriminating evidence through behavior could increase the strength of a defense against this situation. Then, after Miranda Rights are read, this person could use a lawyer to speak for him or her.
Calling a Lawyer
There are some events where the driver could call his or her lawyer before the cops ask any questions. In the situations where the officers permit, they could speak with the legal representative instead of the driver. This could help prevent self-incrimination along with keeping the person free from most interactions with the cops. However, many states or officers will not let the person call a lawyer until after the Miranda Rights are read and the individual is in the local precinct facing a blood, urine or breath test. Then, the accused may need to wait until the lawyer arrives before answering any questions.
Giving Too Much Information
Generally, one of the reasons to remain silent when stopped by cops for suspicion of the influence of drugs or alcohol is because the driver may give away too many details. However, remaining silent is usually only half the battle. The act of staying silent may provide additional information to the police through behavior or body language. The less the person is able to remain silent, or the more he or she talks normally, the more likely this individual may give away an influence of alcohol because of the lack of speaking. His or her actions may explain that alcohol was part of the situation through the inability to walk without stumbling or by slurring what little the person does speak.
Another aspect of giving too much information to cops is the need to speak the truth. When confronted with authority figures, many will want to provide too much information in the form of babbling or giving the full truth of the situation. Even if remaining silent during most interactions, the driver may still have this need. If affected by alcohol, the driver may give too many details about what little he or she does say about the state of affairs. The cops may garner enough information to determine where the person came from and what he or she drank before getting into the car.
The Limits of Information
Generally, the driver must supply the police officer with certain details. These may include his or her name, the driver’s license info, insurance proof at the time of the stop and possibly the drivers’ licenses of passengers. If the cops ask the driver to step out of the vehicle, it is usually because there is greater suspicion that the individual is under the influence of drugs or alcohol. This is normally when the DUI investigation begins. Any actions, behavior and words spoken can incriminate the person. At any point, if this driver acts as if alcohol influences his or her motor skills or cognition, an arrest is possible.
The Possible Arrest
Even when the person speaks no other words after giving his or her information, an arrest is still possible. The officers may determine that a field sobriety test provides sufficient evidence of alcohol or drug influence. It is often not possible to limit movements during these tests, and all actions could incriminate the driver even if he or she is moving slowly to walk in a straight line carefully.
The Lawyer in a DUI Stop
The lawyer hired for a DUI stop may need to assist with the individual in remaining silent and answering questions during an interview with police after the initial arrest. Even if the words do not incriminate the person, his or her actions may still accomplish this and could require legal in help in explaining.
Hello, my name is Jack Sparrow. I'm a 50 year old self-employed Pirate from the Caribbean.
No comments:
Post a Comment