QUESTION
Can a police officer sue me for saying yes when he asked me if I had been drinking?
Asked on Apr 20th, 2013 on DUI/DWI - Michigan
More details to this question:
While in the car the officer asked me if I had been drinking. I asked if my answer can be used against me in court. He repeated his question and I answered the same. The third time I said yes, not wanting to seem disrespectful or uncooperative . Can he use this against me?
5 ANSWERS
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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First, you are not being sued by the officer. The statements made to a police officer prior to arrest can, and often are, used against the person saying them. Your situation may involve your Miranda rights, you need to contact a DUI attorney to discuss the facts of your case, you may have facts that help you avoid conviction or result in a lesser charge.
Answered on Apr 23rd, 2013 at 8:48 PM
I don't know what you mean about the officer suing you. But if you were in police custody and the police officer was questioning you, then he can't use what you said against you in court unless he read you your Miranda rights.
Answered on Apr 23rd, 2013 at 8:15 PM
Michael J. Breczinski
Maybe, it depends if he charged you with anything related to drinking or not.
Answered on Apr 23rd, 2013 at 12:54 AM
Absolutely he can. You got tricked into giving up your right to remain silent.
Answered on Apr 22nd, 2013 at 9:30 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Yes, your admission can be used in court against you. The correct answer to a question from the police is either silence or a statement that you intend to remain silent exercising your constitutional rights. Once you speak you are going to be held accountable for what you said.
Answered on Apr 22nd, 2013 at 9:29 PM