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Mark I. Cohen, ESQ. NYC Criminal Attorney

How Can Social Media Posts Affect Your DUI Case?

DUI15

According to research, approximately seven in ten Americans use social media. Social media sites are a great way of staying in touch with family members and friends. Sites like Facebook, Twitter, and Instagram can be great for meeting new people. Chances are that you use social media sites to share fun experiences and activities with your friends, family members, and strangers. Unfortunately, while using social media sites to keep in touch, meet new people, and share experiences and activities might seem harmless, the reality is that social media can be harmful. For example, social media can affect a DUI case. If you are facing a DUI charge, you should know that social media posts can help law enforcement build a case against you.

How Can Social Media Be Used Against You in Your DUI Case?

If you face DUI charges, you should know that your social media posts can be used as evidence against you. From the statements and comments on your social media to the pictures, anything on your social media site can be used as evidence against you in your DUI case. For example, if there is a photo on your social media site of you at a bar drinking alcohol before your arrest, that photo can be used against you. Law enforcement can use this picture to prove that you were consuming alcohol before you drove. Also, if there are any statements on your social media about your activities while intoxicated, those statements might be used against you. Your past drinking behavior, as seen on social media, may also be used against you.

It is crucial to note that beyond your posts, even the posts where family or friends have tagged you can be used against you in your DUI case.

Privacy Settings

Some people believe that setting their social media post settings to private is enough to protect their privacy. This is not true. Keeping your social media posts visible to friends is not enough to protect your privacy. For example, suppose you tagged a friend on a photo of you and them drinking before your arrest. If your friend reposted that picture on their social media site, it might be discovered by law enforcement officers. Also, law enforcement officers can access your posts with minimum effort, even if you have set your settings to private.

Deleting Posts

If you just realized there are posts on your social media site that can be used against you in your DUI case, you may be wondering whether to delete them. Is it a good idea to delete these incriminating posts? The truth is that deleting these posts can backfire. Law enforcement officers can obtain a subpoena and retrieve the posts. Also, you may face an additional charge for deleting the posts.

So, what should you do instead? If you’re facing DUI charges and have information on your social media site that you believe could be used against you, contact an attorney as soon as possible. An experienced DUI attorney will know how to handle the issues these posts may pose to your case.

Contact an NYC DUI/DWUI/DWAI Attorney

If you’re facing DUI charges and are worried about how the posts on your social media can impact your case, contact the NYC DUI/DWUI/DWAI attorney, Mark I. Cohen, today to discuss your case.

Source:

pewresearch.org/internet/fact-sheet/social-media/

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