What Do Police Look For At The Scene Of An Accident When DUI Is Suspected?
Obviously, a lot of what they would look for would depend on the time of day or night, although people can be DUI at all times of day and night. They would want to see who was involved and who appeared to be at fault. Either way they would look at the people involved right away, because they would always try to see if either or both parties might be under the influence of something. They would look for bloodshot eyes, an odor of alcohol or someone that might be unsteady on their feet. We should keep in mind that someone that had just hit their head in a collision would be walking around like a drunken sailor anyway and they would be tipsy if they were able to walk at all. This would not necessarily indicate anything, but the officer would certainly be looking for the bloodshot eyes, slurred speech and the odor of alcohol, which would be the typical things that would be found on any DUI report.
Can Police Officers Lie To Get Confessions?
Absolutely! Police officers lie all the time and they get away with it. Let’s look at an example on a bigger scale like a criminal case. Let’s say two people committed a burglary and the police caught both people. They would separate them and talk to them separately with two different policemen because they would not want either person to know what the other person said. One person would not say anything because he would know better, so he would not say a word. The officer would then go over to talk to the other person and say that the first person just pinned the whole thing on their friend and said they did it, it was their idea, they forced the thing open and that the first person was just around as a lookout. At this point, the second person would be shocked and he would just start spewing information that would end up sinking both parties by making all kinds of confessions and things, when the fact is that the first party never even said a word. The police would be allowed to lie to get the person to confess to something and it would be the same way with the DUI test.
Everyone has the right to remain silent, and they have the right not to incriminate themselves. People should use it, although it would be hard because the police officers would turn up the heat the minute the person said they were refusing. The officer would tell the person that their attorney was just trying to make money off them or that the attorney did not know what he was doing. Their favorite line is to tell the person that if they did not take these tests right now, they would immediately be suspended for one year, although they do not tell the person that if they took the test and flunked it, they would be suspended for 6 months. Either way, it would not be immediate, and it would not come into effect until 46 days after the person had been arrested in Illinois.
The police telling the person they would have an immediate suspension for a year would be absolutely untrue. They would lie to the person and they would give the impression that they were telling the truth. Every once in a while they give an impossible test like asking the person to recite the alphabet backwards. I do not know anyone that would be able to recite the alphabet backwards. The people who try to do it would be stumbling all over things. I have also seen them perform a test where they ask the person to count from 35 down to 15 backwards, which is something people have trouble with when they have been drinking.
How Should Someone Deal With The Police?
The person should not try and outsmart the police, and they should just be smart and keep their mouth shut. The person would get arrested either way, which is why it would take some guts for the person to tell the police they did not want to take any tests or answer any questions. When the police realize the person would not be taking the tests they start getting nasty and threatening and they make it unpleasant. The person should just be ready for that because it would be like a bitter pill to swallow now instead of getting really sick down the line. The person might just be able to avoid getting a DUI if they did not give them all the evidence thereby slipping the noose around their own neck and then kicking out the stool.
Are Confessions Obtained Through A Lie Acceptable In Court?
The officer would try very hard to get the person to take those tests under the guise of saying he just wanted to make sure the person was safe. He would tell the person he knew they were good, but he just wanted them to take these tests and then he would let them drive home, whereas in reality he would not. If the person knew they had been drinking, then the police would also probably have a clue and they would know if the person had been drinking. The person should not try and outsmart the police because the officer would not have had a drink, they would have their wits about them and they would know the game they were playing. Every question would be set up to give an answer they were looking for, and sometimes they would trick the person into giving those answers.
I once had a situation where the officer told a lady that they were going to videotape her and they told her it would not be used in a court of law. We had a hearing and the video was used. I objected and the judge said the officers could say whatever they wanted, so the video was still usable.
For more information on Whether Police Lie To Extract Confessions, a free initial consultation is your next best step. Get the information and legal answers you’re seeking by calling (847) 244-4636 today.
Get your questions answered - call me for your free phone consultation (847) 244-4636.