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3 Big Mistakes made by a Drunk Driver found in Jennifer Aniston’s Yard

3 Big Mistakes made by a Drunk Driver found in Jennifer Aniston’s Yard

A little over a week ago, on Saturday March 14, a man allegedly DUI (driving under the influence) hit a curb and plowed his car through Jennifer Aniston’s yard.  Talk about someone being star struck, or better yet; a star’s yard being struck.  From my legal perspective as a DUI and criminal defense attorney, three major mistakes were made by this alleged drunk driver, which I will elaborate on after sharing the story.

It was reported that Aniston’s security guard immediately called 911 to handle the unusual situation.  Police showed up to the actress’ Bel Air estate a little after 8:30 pm.  Upon questioning, the man told police that he was not the driver of the car, and that someone else had been behind the wheel.  Unfortunately, his claim was quickly shot down due to the un-arguable video footage recorded by Jen’s state-of-the-art surveillance cameras clearing showing the man as the driver.

Police suspected the man of DUI and asked him to take the voluntary DUI field sobriety tests.  Unfortunately, the man agreed to the tests – and needless to say he failed miserably and was arrested for DUI.

From my professional point of view, there were clearly 3 Big Mistakes made by this alleged drunk driver right from the get go;

1. He failed to immediately contact his DUI criminal defense lawyer. When in any type of accident related to drunk driving, or driving under the influence of drugs, the first thing an uninjured person should do is call their DUI criminal defense attorney. Their attorney will be able to provide advice on what to do and what not to do. If you do not have a DUI lawyer’s phone number programmed into your cell phone, do so now; David O Defense (206) 459-6392, we are available 24/7.

2. Don’t talk to law enforcement without your attorney present.  This man tried to talk his way out of being arrested for DUI by saying he wasn’t the driver, however, his statements were proven to be lies and now he could face the additional criminal charge of obstruction.  Additionally, by lying he has tarnished his credibility.  If he would have exercised his right to remain silent, and chose not to talk to cops, he would be in a much better position to defend his DUI charge.  Don’t talk to cops.

3. Don’t agree to take the DUI field sobriety tests, they are voluntary.  The man chose to take the DUI field sobriety tests and he failed, as most people do.  The tests are challenging and can be difficult to pass even when an individual is sober.  Additionally, the tests are voluntary and police must respect an individual’s decision to not take the tests.  By not taking the DUI field sobriety tests, a person is generally in a better position for defending their DUI charge.

“The Voice” Contestant Charged With DUI

“The Voice” Contestant Charged With DUI

A few days ago, Delvin Choice, a former singer on “The Voice” was pulled over by State Troopers and was charged with DUI, driving under the influence, of alcohol and/or drugs.  The arrest happened last Sunday in South Carolina around 2am in the morning.  The smooth R&B vocalist, who made it to the top 12 on season 6 of The “Voice” was hauled into jail and booked with DUI.  Later the 25-year-old singer was released after posting bail to the tune of $1229.50.

According to police this was Delvin’s first DUI offense.

Choice’s father, a Baptist Pastor, eloquently defended his son by telling the media, “We all make mistakes in life.  We learn from our mistakes.”  A simple yet powerful statement, and hopefully Delvin will learn from his mistake so he won’t face any future DUI charges.  But in the meantime, it would be in Delvin’s best interest to hire an experienced DUI attorney to help navigate through his current DUI charge.  Delvin would benefit from reading How To Pick A DUI or Criminal Defense Attorney – Know What Questions To Ask to help ensure he hires the best lawyer for his DUI case.

Will I Get in Trouble if I Refuse to Take the DUI Field Sobriety Tests?

Will I Get in Trouble if I Refuse to Take the DUI Field Sobriety Tests?

The answer is NO, you will not get in trouble if you refuse to take the DUI field sobriety tests because they are voluntary tests.  Meaning any person asked or told to take the field sobriety test has the legal right to decide if they want to take the test or not.  If an individual refuses to take the test, the officer must comply with their choice and continue the DUI investigation without any field sobriety tests.  That individual will not incur any consequence because he or she exercised their right to refuse the voluntary tests.

So why do so many people end up taking the DUI field sobriety tests?  The number one reason is that they are uninformed about the “voluntary” aspect.  Officers are legally required to tell every individual that the field sobriety test are voluntary, however, many officers fail to use the word voluntary.  Instead, they use words and phrases that make the individual feel obligated to take the field tests, such as, “next you will perform the DUI field sobriety tests,” or “Let’s begin the field sobriety tests.”  And thus many people have taken the field sobriety tests without having knowledge that the tests were voluntary.

Additional reasons people take the DUI field sobriety tests include; being scared and nervous; wanting to cooperate with the officer; and lastly being heavily intoxicated which often hinders good decision-making.

Here at David O Defense, we always recommend the refusal of the DUI field sobriety tests. The tests are difficult and set up in a manner in which most people will fail.  Later the failed test results may be used against an individual when prosecuting them for the DUI.