December 12, 2008, Newsletter Issue #145: How Many Guilty Verdicts are Obtained

Tip of the Week

Did you know that in many felony convictions for DUI, the most damaging evidence comes from the driver's own mouth? Remember the line in the Miranda warning that says "anything you say can and will be used against you in a court of law." This is extremely important to remember because many people admit to things that they don't realize are "evidential in nature".

DUI punishment can be determined based in part on the evidence you speak at the time of your arrest. Once you get to court, it's too late to take back these statements, and complaining that you weren't read your Miranda rights won't do any good. Remember that breathalyzer tests can be inaccurate, poorly administered, and you can be given DUI punishment as a result. Be very careful in what you say and do in case you are wrongly accused! Talk to your lawyer immediately if you feel you were treated unfairly.

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