Legal Question in DUI Law in California
I crashed my car a week ago while drunk. & left the scene, made it home. and reported it stolen the next day. Now, my insurance has someone investigating my claim, because it doesn't "make sense". The investigator called today and basically told me that if I'm lying, now's the time to tell the truth because once the get my in-person statement and they find out I'm lying, then it's perjury. If I tell the truth, what will happen to me? Will I get in trouble legally as in a DUI and/or for reporting the car stolen in the first place?
4 Answers from Attorneys
Nice going. You committed several crimes, and now confess it publicly.
�What can you do�? Hire an attorney, better late than never, unless you know how to effectively represent yourself in court against a professional prosecutor intending to convict. No amount of free 'tips and hints' from here or anywhere else are going to effectively help you in your defense, other than the advice to exercise the 5th Amendment right to SHUT UP and do NOT talk to anyone except an attorney about the case. That includes on this or any other web site or public forum. Most police and prosecutors will happily tell you that 95% of people convict themselves by trying to be 'helpful and cooperative', either during initial contact, questioning, interview or interrogation. If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me.
Also keep in mind a little free advice: If you are arrested for DUI, whether alcohol or drugs, then upon release from jail or booking you are given documents that included a notice that you have only ten days to file a request with DMV for a hearing on an appeal of an automatic one-year suspension of your license imposed by DMV. That is separate and runs consecutively with any suspension that may be imposed by the court. Contact DMV and do so, timely, then appear at your scheduled DMV hearing and present any supporting evidence and testimony. If you don't know how to do these things, then hire an attorney that does. If serious about hiring counsel to help you in this, and if this is in SoCal courts, feel free to contact me.
When you're in a hole, stop digging. You are probably in a heap of trouble, but you won't improve the situation with more talking to investigators or cops. Now, shut up. I mean, really, shut up. Not one word to any investigators or cops except "I have nothing to say to you, My attorney will get back to you." Practice saying this over and over in front of a mirror. If you are criminally charged, hire an attorney well in advance of your first court date.
You do not want to compound this situation by making any further statements. When you say you reported it stolen the next day you do not indicate to whom you made this report. Filing an insurance claim based on false information can result in felony charges against you, so do not make any such claim. You should consult with an attorney at his or her office ASAP and do not make any more statements about this matter to anyone other than an attorney.
If you are charged with a misdemeanor or felony and cannot afford your own lawyer, a public defender will be assigned to assist in your defense. So far, we have DUI, leaving the scene of an accident, and making a false police report and/or insurance claim.