Fifth Amendment Rights Violated When DA Points to Silence as Evidence of Guilt.
In early 2007, Richard Tom, while speeding and running a red light, broadsided Lorraine Wong’s vehicle. The impact tragically killed Wong’s eight year old daughter.
After holding Tom at the scene for about ninety minutes, during which time he remained silent except to ask if he could walk home, Redwood City Police Officers transported him to the police station. He was then asked to perform certain field sobriety tests and subsequently arrested. His blood alcohol content was taken more than three hours after the accident.
Tom was charged in San Mateo County Superior Court with vehicular manslaughter with gross negligence while intoxicated (Penal Code