Why You Should Never Talk About Your New Jersey DWI Case On Social Media

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In this article, you will discover:

• Whether social media posts are admissible as evidence in DWI cases.
• What prosecutors look for in your online activity.
• How a social media post can contradict your legal defense.

Are Social Media Posts Admissible As Evidence In New Jersey DWI Cases?

Social posts are admissible as evidence in DWI cases. Don’t talk to anybody about your case, and don’t post anything on social media. Everything you say can be construed as statements against your interest or admissions that can be used against you.

You want to restrict your communications about your case to privileged relationships: attorney-client or husband-wife. If you feel like you’ve sinned, tell your priest. If you need treatment, talk to your treatment provider. Outside of those relationships, don’t talk about your case.

That doesn’t mean you can’t share police reports or videos with your parents, siblings or friends. Those are not your statements or your perceptions. They are the statements and perceptions of other people. Sometimes, it’s advantageous to have people who know you well look at a video and give an opinion on whether you appear drunk.

What Do Prosecutors Look For In My Online Activity?

Prosecutors are going to look for pictures of you partying, inappropriate statements you made, and evidence of you bad-mouthing the police. In criminal cases, they’ll go into your cellphone and read your text messages. You even have to be careful at that level.

Case Study: How Might A Social Media Post Contradict My Legal Defense?

I’m dealing with a homicide case right now where the prosecution is attempting to bring in text messages from my client. Most of the posts are innocuous, but I’d prefer they weren’t there because prosecutors can spin even the most innocuous comment as if it were something terrible.

I’d like to think most juries are smart enough to see through that, but in a jury trial, you don’t really know what the jury is thinking. To protect your words from being spun or taken out of context, it’s best to avoid posting after an arrest and while your case is pending.

Are Private Messages Or “Stories” Really Private?

You can find out so much about people from private or deleted messages or social media posts. If the State gets into your cellphone, they can find information you thought you deleted. It’s still there. The same is true on the Internet. For those reasons, be careful about what you post.

How Can Geotags And Check-Ins Harm My Credibility?

That would depend on what you said. “Where are you coming from? Where are you going?” These are two of the most common questions police officers ask.

Typically, the State will not get into that level of investigation for municipal court cases. However, for criminal cases, they will ask for your consent, search your cellphone or smartwatch or obtain a warrant to do that.

The geographic data contained in electronic devices is precise. It will give latitude and longitude down to five decimal places. The prosecution will be able to see where you were and how long it took you to get there.

If the prosecution doesn’t get that data, they can get a more general idea by checking cell towers. Even though that’s not as precise as the actual cellphone data, it can still be used to pinpoint or narrow down a location.

That problem doesn’t necessarily apply to DWI cases. It may be helpful in a hit-and-run case, but more often than not, DWI is an ordinary police stop. The police have the car right there, and they’re just not going to bother.

Can Deleting Posts Make Things Worse Legally?

Deleting posts can be problematic because prosecutors can argue that you’re trying to hide something. In other words, they’ll contend there must be something there from which they can infer a consciousness of guilt. Of course, there could be all kinds of innocent explanations for deleting posts.

If you’re dealing with drunk driving, vehicular assault, vehicular homicide, or domestic violence, you want to be careful about what you delete to avoid that inference. You also want to be very careful about what you post and say.

One final point: when you’re confronted and interrogated by a police officer, you may think it’s a choice between lying and telling the truth. Remember, you can instead exercise your Fifth Amendment constitutional right to remain silent or your Sixth Amendment constitutional right to consult with counsel.

Still Have Questions? Ready To Get Started?

For more information on the impact of social media on DWI in NJ, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (732) 226-1146 today.