Interviewer: When you have people that come to you for a consultation, what are the most common mistakes that they made that made their case worse?
Attorney Doscher Advises to Always Exercise Your Right to Remain Silent
Ben: A huge mistake that people make is talking to the police at all. You should never talk to the police.
Avoid Self Incrimination: What Is the Best Approach to Take When the Police Are Questioning You?
Interviewer: When they ask you questions, how do you politely refuse to incriminate yourself?
Ben: How do you politely refuse? You just say, “At this time, I don’t want to make any statements.” You can say it very politely. You could say, “I choose not to talk to you right now.”
How Might the Police Officers Respond if You Decline to Answer Questions?
Interviewer: Will the police get angry with if you do that? Will they threaten or try to coerce you into talking?
Ben: I’m not going to say they won’t. Many of the police officers are not very nice, and they will come down on you, but it’s your right to do that. Later down the line, it’s going to definitely be beneficial for you to have not talked to them, so you shouldn’t be intimidated by them.
You Should Not Let What the Police Say Upset or Intimidate You
You should just let them say whatever they want to say, and not let it bother you. I understand it’s easier said than done because when you’re in that situation you are in over your head and you’re scared. You don’t know exactly what’s going on, but it is much better in the long run not to say anything.
How Will You Know if the Police Turn a Traffic Violation Stop into a DWI Investigation?
Interviewer: When someone’s pulled over for DWI, how will they first know that it’s turned into a DWI investigation and not just a regular traffic stop?
The Police Will Begin Questioning You about Your Alcohol Consumption
Ben: The police will usually say something like, “Have you been drinking?” or, “Where are you coming from?” They will ask you that kind of question and when the stop has turned into a DWI investigation, they’ll usually ask you to step out of the car. Then they will begin asking the more well-known questions, such as “Have you been drinking? Do I smell alcohol on you?”