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People often post things on social media without thinking through how it might be used against them in court; however, these posts could become evidence against you in a DUI case.
Even if your social media posts are set to only allow friends access, police can still find evidence against you online through photos or statements posted to these platforms. They also use cell phone location data to pinpoint when and where these posts were made.
Posting About Your Arrest
An illegal DUI conviction can have severe repercussions for your life, such as fines, jail time, probationary status, alcohol treatment programs and driving license suspension or revocation. As such, it is wise to avoid social media posts about your case, even with privacy settings activated; they might still be recovered through software that takes snapshots of the Internet at certain dates and times; even after being deleted later they could still be subpoenaed and used against you by law enforcement officials.
Many status updates and pictures posted to social media include time- and location-stamped tags, which allows law enforcement officials to establish a timeline of your activities prior to your arrest for DUI. For example, posting pictures showing yourself drinking at bars shortly before DUI arrest could provide evidence against you that proves you were drinking while driving.
Avoid discussing your case on social media or in public as this could damage your legal defense by providing new evidence that could be used against you in court. Therefore, it’s advisable to wait until after speaking to your Pensacola DUI attorney has resolved it before engaging with social media again; doing so could reduce chances of inadvertently violating privacy rights or engaging in witness tampering.
Tweeting About Your Arrest
As someone facing DUI charges, it’s crucial that they remain mindful of what they post on social media. A single misstep could have dire repercussions, including fines, jail time, probation supervision or driver’s license suspension – so it’s wise to change your privacy settings to keep out anything which might harm their case online.
As part of your social media activity, be wary about sharing location data. For instance, if you post that you’re at a bar and then check into it on social media later, this could enable law enforcement officers to track you down as possible evidence for DUI arrest.
Even when set to private, social media accounts don’t guarantee privacy. If there is probable cause that incriminating information has been posted on your account, law enforcement could obtain a search warrant and access it. In such an instance, it would be prudent to retain a criminal defense attorney who can defend your rights and freedoms before the court system.
Michael J. Skinner is an experienced criminal defense attorney, having successfully represented clients charged with DUI in Florida. As a former assistant district attorney, he understands the ways prosecution builds their cases; making every applicable legal argument on your behalf and fighting zealously to defend both your rights and future.
Posting About Your Case on Facebook
As social media has become an integral part of modern life, it’s essential to remember that what you post online isn’t entirely private. Even with your privacy settings in place to limit who can view them, a judge may issue a warrant granting access to police if there is probable cause that evidence of criminality exists on your accounts – obviously you do not want such evidence being used against you when facing DUI charges.
Your photos, videos and other posts from Facebook, Twitter or Instagram can be used against you in a DUI case. Any photos showing an alcoholic beverage being held by you or videos showing drinking and driving could all be evidence against you in court. These posts could serve as proof that you are guilty of DUI.
Social media can be used by courts to establish a timeline that leads to a DUI arrest. For instance, checking into three bars the day of your arrest may show that you were drinking heavily before driving your car.
As part of your DUI case defense strategy, it may be advisable to temporarily cease social media use and inform family and friends accordingly. Furthermore, refraining from deleting past incriminating posts/accounts as this could constitute evidence spoliation which could have detrimental implications on your case.
Posting About Your Case on Instagram
If you have an Instagram account, it is wise to avoid posting photos that could show partying or drinking alcohol, as state prosecutors could use these as evidence against you in your DUI case.
Ask your friends not to post any pictures or mention you on social media without first seeking your consent first. Even though your privacy settings limit who can view your posts, be mindful that law enforcement can obtain search warrants to access all information contained within online accounts.
Your final objective should be to avoid social shaming during your case. If a judge or prosecutor becomes aware that people are tweeting about it, their decisions could become biased and lead to unfair outcomes in your trial.
New Mexico, for instance, encourages people to tweet images of judges with DUI suspects to pressure them into handing down harsher sentences. Although this may seem like an effective strategy, public backlash against judges could compromise your case further and may jeopardize its outcome.
No matter what you post online, it is advisable to contact a Milton DUI lawyer immediately. Your social media posts could become evidence against you in a DUI case and result in fines, license suspension or jail time if used against you in court proceedings.
