Interviewer: What are some of the most common mistakes people make, probably not intentionally, before, during, or after their arrest that hurts their case?
Be Cooperative But Don’t Say Too Much
Carl: The first thing I think people do is that they admit that they were drinking. While I don’t advocate lying to the police, I think the better part of valor is to assert your rights. While you don’t want to be evasive or uncooperative, you don’t need to admit to doing something that would probably put you in a compromising position.
This means admitting how much you’ve drank over the period of time. Another thing people do is they sometimes do not take the field sobriety test seriously enough. They think it’s going to be too easy or under certain circumstances they think it’s too hard. And they wind up with a bad result, or they wind of alienating the police officer with some of the questions that they ask.
Interviewer: So, I guess in summary, people talk too much to the police. Also, if people are rude or they argue and fight with the police, that their situations could be worse than it was before.
Carl: I would have to agree with that. There is absolutely no reason to be anything but cooperative. However, you want to be cooperative.
You Can’t Talk Your Way Out of A DWI
Interviewer: I see. Do people think they can talk their way out it? If they just explain what happened, the police will listen, and let them go. Or, if they’re real nice to them, the police will see they’re a good person and just let them go this time?
Carl: I think that people definitely have that conception, that if they just demonstrate that they’re a good person that the police officer will let them go. I think with the advent of an extraordinary focus on DWIs throughout the nation that is a misconception. They are not going to be able to talk their way out of it. The more talking they do usually the worse it is for them
By Carl Spector