A man was recently arrested in Polk County for DUI after falsely telling officer's that he and not his friend was driving the vehicle. The car the men had been riding in ran out of gas, and when the Polk County man returned from getting gas, the police were at the scene. The man purportedly told police that he was driving because he did not think he was over the legal limit but was pretty sure that his friend would be arrested for DUI. As it turned out, the Polk County man was charged and arrested. Polk County DUI lawyer John Musca commented that in situations where someone falsely admits to the circumstances of a DUI, an experienced defense attorney may have to assert the reasons for the false information and allow the jury to decide.
An experienced Polk County DUI attorney will typically meet with the prosecutor and identify the potential obstacles that the prosecutor will face in obtaining a conviction. If the friend were prepared to admit that he was actually driving, the prosecutor would have a very difficult time winning a DUI conviction against the Polk County man who made the false confession. Musca indicated that the Polk County man's lawyer should also carefully scrutinize the man's encounter with the police officers to identify potential issues regarding the interaction, any detention, the officer's basis for "reasonable suspicion," as well as other issues.
Musca also suggests that anyone in this situation get legal advice at the earliest possible time. This is not the type of issue that should be raised for the first time at trial explained Musca. Musca indicated that if the Polk County man tells the judge that he lied to the police officer during trial, he may face additional charges for filing a false police report, obstruction, tampering as well as other potential charges. Musca also suggested that the Polk County man speak with his lawyer about the legal concept of "corpus delecti." "Basically, corpus delecti requires the prosecutor to establish that a crime was committed prior to attempting to introduce your statement against you," said Musca.
If you or someone that you know have been charged with a crime, you no longer have to worry about finding an aggressive Polk County DUI attorney. DO not allow a DUI arrest to destroy your life. Act immediately. Although, DUI results in a large spectrum of implications in the State of Florida, Polk County DUI Lawyers at Musca Law fight hard for their clients. Contact Musca Law today.
