Alcohol & Drugs: DUI, DWI refusal to testify

[FlaRiptide]

Locally a man has been jailed for three months due to refusal of testifying against his brother in a DUI case.

Out of curiousity, in lieu of refusal, what would prohibit the person from simply stating "I don't remember" or "I don't know". It would be impossible to prove that the person is lying about this and simply refusing to answer truthfully.

How would this be handled by the court system?

 

[jharris352]

The infamous, "I don't remember" line. It's not quite impossible for a judge to determine that you are lying when you say that, but you are right, It's very very difficult. Many people have used I don't remember and it sticks.

 

[mightymoose]

I suppose if you try the "I don't remember" line when you really do remember, then you would be committing perjury. If he didn't remember then he would have already used that excuse. That fact that he has allowed himself to be jailed tells us that he does know- so his chance to use that excuse has already passed.

 

[FlaRiptide]

Granted, it is far too late for him to say those words "I don't remember". Yet it appears if he had been "smart" he could have avoided lockup by uttering this simple white lie.

As jharris pointed out, this would be very very difficult for the court to prove that the witness was lying. I doubt they would bring out the lie detector, yet is there such a thing as reasonableness?

Such as, it is one thing not to recall a situation that occurred three months ago. It is another thing to not recall something that occurred yesterday. Could that be a basis for a judge to consider the "I don't remember" claim as a lie?

I assume that an ethical attorney would never advise a client to use this tactic?

 

[army judge]

He, more than likely has been jailed for not taking the stand.

I'm not sure how he thinks he can hurt his brother, worse than he's hurting himself?

For most DUI convictions, you rarely end up in jail.

I suppose his brother is attending to the jailed brither's financial obligations.

I agree with FlaRiptide, sometimes all you have to say is I don't recall.

Or, I didn't see anything, I was asleep.

I suspect the richer brother won't be convicted, and contempt isn't s crime.

In fact, people locked up on civil charges are kept separate from the thugs by law.

So, the jailed "principled" bro will get a 90 day vacation and be out in about a month (at most), if he doesn't break.