Question: When I got pulled over by a cop in Woodstock, GA, my friend said some dumb things to the police officer. My friend was in my car. He said that I had been drinking a lot of beer and gin and that I really should not have been driving because I was buzzed.
I think my buddy said that stuff because he was drunk. I'm pretty mad that he said that to the cop. He should have just kept his mouth shut.
I got arrested for DUI and now I'm really worried that my friend's statements will be used against me. I tried to not say much to the officer so he wouldn't have a lot of evidence against me. My friend admitted to me the next day that he told all that to the officer. He apologized and said he hoped it wouldn't hurt me too much.
I don't remember the incident that well. But I really want to know if what my friend told the police can be used against me for a DUI charge.
R.S. in Cherokee County
Answer: Yes, your friend's statements to the police officer can be used against you. In fact, his statements may be very damaging to your defense and the prosecutor will certainly utilize them to help the prosecution.
It will be interesting to see if the statements are included in the police report or are on the video that was likely made of your stop. Of course, if they are not noted in the police report or heard on the video, you have far less to worry about.
Your friend is a witness and witness statements are usually admissible in court. Witnesses can be cross-examined and their statements can be put into other contexts before a jury or judge, but it's certainly better for the defense if those statements are never made.
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