For those of you that still rent DVD’s, a recent movie became available, telling the story of fast food giant McDonald’s. The movie focused on the McDonald brothers and Ray Kroc’s interaction with the brothers as Kroc built the McDonald’s empire. Sadly, the McDonald brothers lost out in the end, and their downfall was reminiscent of another pair of brothers who had a great idea and then saw it slip through their hands. The other doomed duo is the Winklevoss brothers, who famously took Mark Zuckerberg to task for “stealing” Facebook. When Facebook was first rolled out, it was for the exclusive use of college students. However, and as we all know, it has grown exponentially since that time. Facebook has millions of users, all of whom take to the site daily (sometimes multiple times a day) to post a photo or a few lines about what they are currently doing. This is fun and can be a good way to stay in touch with out of state friends and family, but it can also get you in trouble if your posts are of a certain type.

Three ways social media can hurt your defense are best illustrated by looking at a DUI case. Consider these things:

  • If you post a photo or check in to a bar or other place where alcohol is served, and are later pulled over for drinking, your posts can be used as evidence against you in a DUI prosecution. So, before you pose with a shot or a glass of wine, think about how that photo could incriminate you.
  • If you don’t make a post, but a friend tags you, that friend’s post can be used against you. Be careful about who you give tagging rights to, and ask to approve a photo before being tagged. If you get tagged without being asked, you can remove the tag and help to eliminate incriminating information.
  • A time frame can easily be established by following your social media activity. So if you get behind the wheel shortly after having a few drinks, it will be hard to argue that you had “sobered up” before driving.

Some things you can do to minimize the impact social media has on defense of a criminal action is to stay off sites until the next day, or make your accounts private. Even then, there are ways to access your data. And, we understand that taking part in events often times includes posting on social media. For those times where you are not able to keep damaging information off the internet, we can help. Our job is to analyze all of the evidence and create a defense that will work for your case.


For more information about DUI cases, call our office today. Contact us today schedule an appointment with an experienced criminal defense attorney in Stuart and the Treasure Coast. The first visit is a free initial consultation.