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A DUI Myth: “If I Cooperate With The Police, I Will Get a Break”
Posted by Ted Agnick, The Lawyer | Posted in DUI Myths, Misdemeanor DUI | Posted on 07-03-2009
Lets begin by asking Paris Hilton or Charles Barkley if cooperating helped them. I just finished viewing a video of my client who was a Cop getting a DUI. Face it, cooperating your way out of a DUI is a myth. If these people could not do it, most of us can’t.
In addition to not getting you anywhere, cooperating can make a case against you. I have had many clients who crashed their car and were out of the vehicle when the police arrived. They want to cooperate so, they admit they were driving. In cases like this, the police did not have probable cause to make a DUI arrest until the suspect opened their mouth and admitted they had been driving. It is surprising how many people incriminate themselves this way.
As you can see from the paragraph above, people cooperate with police when they do not have to sometimes, going so far to admit they were driving after they crashed their car. Cooperation does not get you a break. The officer may be nicer to you, but the officer will still investigate and site you for DUI. You will only be giving evidence against yourself when you “cooperate” in a DUI investigation. You do not have to answer questions about your drinking, driving nor submit to field sobriety tests. By doing so, you only give evidence against yourself. Do not confuse cooperation with being courteous, respectful and polite. You can do all that while exercising your right not to incriminate yourself.
I see many people hoping that because they cooperated/incriminated themselves, the cop was going to help them and write a favorable police report or even not turn in a police report. This is just wishful thinking. It is the officers job to get your cooperation as it assists in gathering evidence against you. Be smart, exercise your right to remain silent and don’t incriminate yourself but, remain pleasant.
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