The right to remain silent is a right that you are required to claim, and is not self-executing. This means that you actually have to state, either verbally or in writing that “I wish to execute my Fifth Amendment right against self-incrimination and wish to remain silent.” You also are required to state that you wish to have your attorney present before answering any questions. Once you state your rights the police you have the right to remain silent.
If you pulled over for DUI or any criminal offense and asked questions by the police, you have the right to remain silent and to engage the services of a Jacksonville criminal defense attorney who will answer or not answer the questions for you. What is confusing to motorists is that the police are not required to read the Miranda Rights to a person until they are arrested and taken into custody. Just because the police haven’t informed you of your pre-arrest rights doesn’t mean you don’t have the right to remain silent. Any pre-arrest questions put to you by the police are a part of their investigation, as are field sobriety tests. You don’t have to help the police to arrest you.
In addition, When you are pulled over by a police officer when operating a motor vehicle, the officer may ask you if there is anything that would prevent you from taking a field sobriety test. Having an injury, a backache, or maybe you are recovering from a recent illness or surgery. Any of these circumstances and countless more may, in fact, impair you from having the ability to perform the tests to the best of your ability. It is important for you to remember that it is within your rights to refuse to undergo the tests if you feel that your ability is compromised. You have the right to tell the police the reasons why you cannot perform the tests. And more importantly, you have the right to remain silent from the very first pre-arrest question that the police pose to you.
Exercise your right to remain silent and make a call to Jacksonville Florida, DUI defense attorney Malcolm Anthony immediately, 24/7 when you are pulled over by the police.