Pleading the 5th, page-54

  1. 15,729 Posts.
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    @Justis...Ill give you a real-world example.

    A pt of mine 40 years ago was in a car accident in which he lost a family member. He was hit by a train on a crossing that in those days had lights but no gates

    He was being tailgated by some hoons and as he approached the xsing he checked he is rearview and then back eyes front and was hit on his left by the train

    The cops interviewed him on the scene and he explained he had not been speeding had not been drinking, and had the family in the car and was concerned over the hoons and had checked his mirror and then BOOM....he got hit. The train btw was shielded from the road by a building until the last 20 feet before the crossing

    He was charged for dangerous driving causing death. Had he said nothing he would have faced no charges as the lights were found to be defective and the driver failed to blow his whistle.

    That only came out in trial or in discovery....can't recall

    The point.

    Nothing was gained and he should have invoked his privilege

    Nothing GOOD ever, ever comes from talking to the cops. Im not saying that in a bad way on cops but they will not use what you say to exonerate you but will use anything you do say to form the basis of a charge

    Hence the right
    Last edited by hersuit: 06/12/21
 
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