AttyKendall's Criminal Tip O' the Week (ACTOW)
Most people don't realize that they don't have to answer a police officer's questions when they are pulled over, other than identifying information. All the questions about "where are you coming from" or "where are you going," as well as "how much have you had to drink," are designed to collect evidence to convict you of a crime.
You do not need to answer these questions.
You may wonder how to avoid answering. The best technique is to answer the officer's question with one of your own, e.g., ask why you were pulled over or where the officer was that he or she was able to notice you commit the alleged violation.
If (when) the officer persists, and you have run out of your own questions, just ask matter of factly, "am I required to answer these questions?" If the officer says yes, then your Fifth Amendment right not to incriminate yourself has been violated and your statements will not be allowed in court. If the officer says no, then you have an opening to say, "well, then I'd prefer not to answer these personal questions."
On the other hand, it is perfectly legal for them to ask such questions. Collecting evidence is their job. Until you are in custody, officers can ask you anything they like without reading you your Miranda rights. Just recognize that answering those questions is strictly voluntary.
Nice Tip Kendall (Don't Need to DO FST's Either)
Kendall's advice is very good. It is not an issue as to whether cooperating will help you with the police, it has no bearing at all. Asserting your right to remain silent is crucial in any DUI. The simple questions such as what were you eating? where are you going? When last Drink? are all designed to have an expert on your BAC testify against you in court. Most people will say I had two beers in an hour, then when in court and confronted that the BAC is .09 or .08, that the answer given is reflective of minimizing or lying. This when in a case as above it is so close between guilt and innocence. People screw themselves by talking. Another thing is you do not have to do any Field Sobriety Tests either. The only thing that is required is to submit to a breath or bloood test.
answering questions
Not saying anything to the police officer is good advice. There's a perception out there that people need to answer every question a cop asks, and cops definitely use it to their advantage. There's a way to be polite and avoid incriminating yourself. I'm no lawyer, but I don't think it's a crime to refuse to answer these questions. It will probably make the cop mad, and he or she will probably turn up the heat, but it's important to stand your ground.
I've learned this from experience — anytime a cop asks you to search your property (including a vehicle), that means the cop doesn't have probable cause to search. Which means they need your permission. Which means you can say no.
I guess the most useful situation for this advice is when you are already in trouble for something. There's no point in making things worse for yourself.
Nice Advice But
It's too bad that you'll be taking in the rectum by the time the day is over when attempting to be matter of fact with an officer trying to find out where you've been or where you're going. Let's be honest here. If an officer is pulling you over and you try to employ these tactics (without a law degree and/or a great attorney) you are screwed. Don't get me wrong, I'm glad that this information is here, and it's all factual, but its usefulness is in the eye of the beholder. If the cops are going to get you, they're going to get you.
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