Admit to a DUI charge?

[Machjo]

Also, I can't imagine the police being so stupid as to believe a person would be so terrified of them over a fender bender unless he'd had some kind of issues with them before or he's got something to hide.

They'll suspect something more than just fear of cops anyway, so you might as well just tell them.

 

[DurkaDurka]

The attitude I perceive here is counter productive. It's not so much how much you tell the cops as the attitude you display toward them. You never know when you might find one who is understanding, but either tell them the truth or say you would like to withhold answering until you've gotten legal advice. I WOULD NOT seek legal advice before knowing what you are being charged with. "Not telling the cops squat" is nothing short of being plain arrogant- if you're wrong you'll get a lot more mileage out of saying you've made a mistake rather than coming off like a real jerk.

Cops are not there to be your friends. Even if they come off nice and understanding, if you volunteer information to them that could be incriminating, they will use it against you.

 

[JLM]

Why would anyone incriminate them selves? Seriously now.

A man who has some smarts and a pleasing personality can avoid incriminating himself without coming across as a complete jerk. Being a jerk just brings on all kinds of trouble not to mention being a further burden on us taxpayers - who are after all my first concern.

 

[JLM]

Cops are not there to be your friends. Even if they come off nice and understanding, if you volunteer information to them that could be incriminating, they will use it against you.

I never advocated "volunteering" anything, but rather answering their questions as civilly as possible.

 

[lone wolf]

Was it a good car?

 

[Machjo]

It can carry jail time, especially when a judge finds that it was done to try to hide a crime. And the state of his buddy tells the judge all he needs to know about why omg ran. These are charges he WILL be facing, no ifs ands or buts.

But the judge is likely to be more lenient if he's not treated like an idiot. Yes, OMG will face charges no matter what. The point is though that the severity of the conviction may vary depending on if the judge believes in OMG's sincere apology rather than a pack of see-through lies.

 

[DurkaDurka]

A man who has some smarts and a pleasing personality can avoid incriminating himself without coming across as a complete jerk. Being a jerk just brings on all kinds of trouble not to mention being a further burden on us taxpayers - who are after all my first concern.

I never said anything about being a jerk, so quit putting words in my mouth.

 

[karrie]

But the judge is likely to be more lenient if he's not treated like an idiot.

I can't say that. What I'm hearing from you and JLM are a lot of assumptions about how you would treat someone if they came clean, not how the legal system will treat someone. Judges get as moody as the next guy, and leaving your legal advice up to 'they'll admire you for it', seems like a bad idea to me. Frankly, giving any legal advice beyond 'GET YE A LAWYER' on a forum seems like a silly idea.

 

[Machjo]

Cops are not there to be your friends. Even if they come off nice and understanding, if you volunteer information to them that could be incriminating, they will use it against you.

The cops could find out the likelihood of his having been drunk by considering circumstances and interviewing witnesses, etc. If it's concluded that he was likely drunk, he could still be charged with impaired driving even without the Breathalyzer test, on the grounds that all evidence suggests that he was most likely drunk.

Though I may be wrong here, I believe the law does take into account whether one volunteers the information or whether he lies about it. What will he do when under oath if ti's concluded that he was most likely drunk judging from the circumstances?

 

[JLM]

Is your buddy still talking to you?

As this subsequent to my post I'm assuming you are addressing me. All my buddies still talk to me, albeit there may be an anonymous, self centred, arrogant, know it all who thankfully has desisted in directing his arrogance my way and has removed his name from my "list of friends" boo hoo.

 

[lone wolf]

As this subsequent to my post I'm assuming you are addressing me. All my buddies still talk to me, albeit there may be an anonymous, self centred, arrogant, know it all who thankfully has desisted in directing his arrogance my way and has removed his name from my "list of friends" boo hoo.

Um... No - but thanks for sharing. In reference to the OP, I'd be pissed if I was the guy left holding the bag. Now, he's in a position where he either rats the guy out or takes the heat. Cops aren't necessarily out for justice.

The "was it a good car" thing is a month in impound? Though he won't need one for a while, he won't be buying that one back cheap - unless it's at the auction.

 

[Machjo]

I can't say that. What I'm hearing from you and JLM are a lot of assumptions about how you would treat someone if they came clean, not how the legal system will treat someone. Judges get as moody as the next guy, and leaving your legal advice up to 'they'll admire you for it', seems like a bad idea to me. Frankly, giving any legal advice beyond 'GET YE A LAWYER' on a forum seems like a silly idea.

I'll be honest, Karry. I have nothing personal against OMG, and I do sincerely wish him the best. However, he did commit a crime, and law be damned, he should do the right thing and fess up. Yes, he'll get charged with various offenses, but at least he'll have done the right thing. Why burden society with the cost of a drawn out court case when he can get it over with quickly.

If the law does not favour honesty, I do. And if the law does not favour honesty, then maybe it's time for the law to be rewritten so that non-experts in the law can actually understand it at a moral level. If the law does not favour honesty, then our system is bankrupt anyway, and prison is likely the safest place to be in that case.

Besides, it's not like anyone has starved to death in prison. The issue here is not with avoiding charges, but holding your head up high and telling the truth regardless of the law and charges. You do not need a lawyer for that.

 

[karrie]

I'll be honest, Karry. I have nothing personal against OMG, and I do sincerely wish him the best. However, he did commit a crime, and law be damned, he should do the right thing and fess up. Yes, he'll get charged with various offenses, but at least he'll have done the right thing. Why burden society with the cost of a drawn out court case when he can get it over with quickly.

If the law does not favour honesty, I do. And if the law does not favour honesty, then maybe it's time for the law to be rewritten so that non-experts in the law can actually understand it at a moral level. If the law does not favour honesty, then our system is bankrupt anyway, and prison is likely the safest place to be in that case.

Besides, it's not like anyone has starved to death in prison. The issue here is not with avoiding charges, but holding your head up high and telling the truth regardless of the law and charges. You do not need a lawyer for that.

Well Majo, I can't say I disagree with your opinion. But I also wouldn't advise someone to risk their ability to work or get an education, based on my view of what they should do. Because, let's face it, he's worth more to society as a scared straight tax payer who suffered some minor consequences, than he is as someone who got dinged with things he never would have if he hadn't taken bad advice off the net.

 

[JLM]

It can carry jail time, especially when a judge finds that it was done to try to hide a crime. And the state of his buddy tells the judge all he needs to know about why omg ran. These are charges he WILL be facing, no ifs ands or buts.

If this is a first offense by someone who otherwise comes across as a good citizen- prehaps some charges will be stayed while others would be dealt with by serving in the community rather than being sent off to the "crowbar hotel". Some judges actually like to rectify things in the least disruptive manner to the tax paying public.

 

[Machjo]

Um... No - but thanks for sharing. In reference to the OP, I'd be pissed if I was the guy left holding the bag. Now, he's in a position where he either rats the guy out or takes the heat. Cops aren't necessarily out for justice.

The "was it a good car" thing is a month in impound? Though he won't need one for a while, he won't be buying that one back cheap - unless it's at the auction.

Good point. I don't know if the judge can add to the conviction for lying under oath, though I think that would be a good idea as a means to encourage honesty. That way, by being honest, the convict could strike some time off his imprisonment.

And OMG, fear not. If you go to jail, just let them know that your primary concern is to ensure that you can fully integrate back into society as soon as you're out. If this costs you your job, for example, let them know while you're in prison, and ask for advice on how to get back up on your feet again. maybe they offer courses in prison, or have a library where you can study on your own, etc. Or maybe yo can do some volunteer work in prison to gain work experience, etc. As soon as you're out, seek whatever help you need to get back into the workforce.

Again, don't worry. Even in prison, we still have an obligation to treat you with respect and dignity.

 

[TenPenny]

The most important thing is to get a good lawyer. A lawyer's job is to represent you, present your side of the story to the best of his ability. A lawyer understands the law; 25 nameless people on the internet don't.

Walking in to a police station to admit you left the scene of an accident, and had been driving without a license, and were drinking, is not a good way to begin.

The damage is already done, now is the time to hire an expert to look after the bits of your reputation that may be left.

If your house is on fire, you don't volunteer to put it our yourself, you get the experts to do it (fire fighters). If you're in what could amount to criminal trouble, you'd best get a good lawyer, that's what they're for.

 

[JLM]

I never said anything about being a jerk, so quit putting words in my mouth.

No you didn't but "don't tell the cops squat" automatically classifies one with that attitude as being a jerk.

 

[Machjo]

Well Majo, I can't say I disagree with your opinion. But I also wouldn't advise someone to risk their ability to work or get an education, based on my view of what they should do. Because, let's face it, he's worth more to society as a scared straight tax payer who suffered some minor consequences, than he is as someone who got dinged with things he never would have if he hadn't taken bad advice off the net.

Now we're dealing with a different matter. Should he go to prison? I don't see how that would be productive here. Just remove his license and that ought to suffice, or if he must go to prison, then as far as I'm concerned, even in prison a person ought to have access to education and work, so as to make him a productive member of society.

That however is a matter for another thread. As a matter of principle though, just do the right thing.

 

[karrie]

Now we're dealing with a different matter. Should he go to prison? I don't see how that would be productive here. Just remove his license and that ought to suffice, or if he must go to prison, then as far as I'm concerned, even in prison a person ought to have access to education and work, so as to make him a productive member of society.

That however is a matter for another thread. As a matter of principle though, just do the right thing.

Again you're talking about what you think should happen, not what WILL happen if he does the right thing by your standard. He needs a lawyer to tell him what that is. He needs a lawyer to help him do the right thing without shooting himself in the foot doing it.

 

[Machjo]

Another way to look at it: if our society requires a person to hire a lawyer because telling the truth is not a good idea, then our court system is bankrupt anyway, and that would merely reveal our lawyers, judges and politicians to be complete idiots if they can't come up with a system that would ensure that telling the truth would be the best option. If that's the case, then I'd rather be in jail than contribute to such a system.

In a JUSTICE system worthy of its name, how can not telling the truth be preferable to telling the truth.