Your Cell Phone May Testify Against You

September 20, 2011 by The Law Office of John Guidry II

cell phone prohibited.jpgCell phones seem innocent enough. But, these little computers are packed with data--data that police may use against you. The problem here in Central Florida, in particular Orlando and Kissimmee, is that law enforcement are confiscating a driver's cell phone when a serious accident occurs.

Why all the fuss, accidents do happen, right? Well, your cell phone contains important data regarding what, exactly, you were doing at the time of a serious accident. If someone dies, or is seriously injured in an accident--expect some cell phones to be taken. This is especially true should an officer suspect driving under the influence (DUI).

What are they looking for? Police may seize your phone to determine whether or not you were texting or talking on the phone--rather than driving. Let's say, God forbid, somebody dies in an accident. That's tragic, of course, but it's not criminal....yet. Add to the mix the fact that police find multiple outgoing text messages at the time of this accident causing death, and now you may have criminal charges of reckless driving causing death or serious bodily injury. Ouch. Accidents are sad, no doubt. But now there's a crusade against drivers that are texting or talking, and causing accidents. Sometimes, bumper stickers really do have good advice, like the one that says "Shut Up and Drive!". If you don't, you may be arrested.