Fatal Accident With a Pedestrian

Let's look at a situation. X has a dashcam in his vehicle recording. A drunken pedestrian runs illegally (no crosswalk/etc) in front of X's vehicle. X does everything in his power to avoid hitting the pedestrian but hits and kills him as X was traveling at a high (but legal) rate of speed. Dashcam can positively prove X's innocence. Police show up and attempt to question X.

What is X's best strategy in dealing with police?

1) Some lawyers advise never talking to police even if you're 100% innocent. Should that be the strategy? Should X not even tell them about the dashcam?

2) If X should not talk to police what's the "exact" line he should use to let them know he won't talk to them?

3) Does not talking or "cooperating" (as they would call it) increase the possibility of arrest in this situation?

4) Should X tell them he's innocent and inform them of dashcam's presence and tell them nothing else?

If X doesn't speak to the police or show the video, he may well go to jail if the only evidence is that he maliciously or carelessly ran into the poor sot. It's his call.

Let me clarify the situation further. X did stay at the scene and did immediately call 911 and the situation is about dealing with arriving officers who arrived after HIS call.

X, fully understanding the tape might be given a different interpretation by police should seriously contemplate showing the video before it is seen by his lawyer. It may show X's speed to be greater than the posted limit. It may show the drunk in the crosswalk before X noticed him. It may be deemed to meet the laws requirement to prove X should have stopped for the pedestrian in a crosswalk.

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Quoting Disagreeable

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X, fully understanding the tape might be given a different interpretation by police should seriously contemplate showing the video before it is seen by his lawyer. It may show X's speed to be greater than the posted limit. It may show the drunk in the crosswalk before X noticed him. It may be deemed to meet the laws requirement to prove X should have stopped for the pedestrian in a crosswalk.

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Valid points.

You're asking for quantifiable responses to subjective questions. You can extrapolate from the responses you have received thus far what course of action might deliver your desired results. Note that there is no one "correct" response to any of those questions.

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Quoting cdwjava

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You're asking for quantifiable responses to subjective questions.

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Not at all. I'm asking for opinions. For example #2. You didn't answer this.

I'm thinking something along the lines of "Officer, upon legal advice, I respectfully decline to communicate." Officer may persist: "Do you wanna go to jail? I'm trying to help you. BLABLABLA" X: ""Officer, upon legal advice, I respectfully decline to communicate." Rinse/repeat.

So what do you as a cop think would be the optimal line? Just your opinion. Not quantifiable :)

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So what do you as a cop think would be the optimal line? Just your opinion. Not quantifiable

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"I ain't sayin' nothin', fascist pig."

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Quoting citi9

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Not at all. I'm asking for opinions. For example #2. You didn't answer this.

I'm thinking something along the lines of "Officer, upon legal advice, I respectfully decline to communicate." Officer may persist: "Do you wanna go to jail? I'm trying to help you. BLABLABLA" X: ""Officer, upon legal advice, I respectfully decline to communicate." Rinse/repeat.

So what do you as a cop think would be the optimal line? Just your opinion. Not quantifiable :)

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There's no one answer to that as there are too many variables to toss into the mix. But, if the driver that hit the ped doesn't want to talk, and there is probable cause to make an arrest, he's going to jail and his car is being taken as evidence. Maybe they will then find the camera and write a search warrant for the video. Or, maybe they won't ... and maybe then the camera will be stolen in the tow yard or ruined by the heat or the cold and X's exonerating evidence will be gone.

If X says nothing, then the police may have only one version of the incident and that could be enough for an arrest.

His call.

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Quoting cdwjava

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There's no one answer to that as there are too many variables to toss into the mix. But, if the driver that hit the ped doesn't want to talk, and there is probable cause to make an arrest, he's going to jail and his car is being taken as evidence. Maybe they will then find the camera and write a search warrant for the video. Or, maybe they won't ... and maybe then the camera will be stolen in the tow yard or ruined by the heat or the cold and X's exonerating evidence will be gone.

If X says nothing, then the police may have only one version of the incident and that could be enough for an arrest.

His call.

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Thank you. So basically there are pros and cons to each behavior choice.