Can You Refuse to Sign a Sworn Statement After a Wyoming Crash?

Short answer: Yes—you can generally decline to sign a sworn affidavit if you are unsure about the details. But there are important legal and practical consequences to understand before you refuse. Read the sections below to learn what an affidavit is, the risks of signing something inaccurate, when the law may require information from you, and practical steps to protect yourself.

Detailed Answer — What signing an affidavit means in Wyoming

An affidavit is a written statement made under oath or affirmation. By signing an affidavit you are swearing that the facts in the document are true to the best of your knowledge. In Wyoming, knowingly making a false sworn statement can expose you to criminal charges for false swearing or perjury. For an overview of Wyoming’s laws on false swearing and perjury, see Title 6, Chapter 5 of the Wyoming Statutes: Wyoming Statutes, Title 6, Chapter 5.

If you are unsure about details you saw at a crash scene, signing an affidavit that contains statements you cannot honestly verify creates a risk that a prosecutor or opposing party could later allege your sworn statements were false. That could lead to criminal exposure or damage your credibility in civil litigation.

When you can refuse

• If the police or another party ask you to sign an affidavit and you do not trust the accuracy of the statement, you may decline to sign.
• If you are a witness (not a suspect) and not under arrest or in custody, you generally have no legal obligation to sign a sworn affidavit on the spot.
• If you are a suspect in a criminal investigation and in custody, you have constitutional rights (including the right to remain silent and the right to consult an attorney) before making sworn statements.

When you may be required by law to provide information

Although you can refuse to sign a sworn affidavit, Wyoming law imposes duties on drivers involved in crashes. Drivers must stop, provide identification and vehicle information, and render aid when required. Failure to stop or provide required information can lead to criminal or civil consequences. See the Wyoming motor vehicle statutes for duties of drivers after a crash: Wyoming Statutes, Title 31 (Motor Vehicles).

What happens if you refuse to sign

• Police or investigators may still take an oral statement from you or prepare their own written report based on your words.
• Investigators may ask you to provide a signed statement later, or they can seek a subpoena to compel your testimony at a court proceeding.
• Refusing to sign may make you appear uncooperative, which can affect how the investigation proceeds. It does not, however, automatically make you criminally liable if you are simply unwilling to swear to uncertain facts.

How to handle a request to sign an affidavit when uncertain

1. Do not sign anything that contains statements you cannot honestly swear to.
2. Ask to review the document carefully. Ask the officer or attorney to change language that overstates your certainty.
3. Offer to provide a statement limited to facts you actually observed. Use phrases such as “to the best of my recollection” or “I observed X, I am not sure about Y.” These qualifiers can reduce the risk you will be charged with false swearing, but they do not eliminate all risk if a court later finds the statements false.
4. If you believe you might be implicated in criminal conduct, request an attorney before giving a sworn statement. If you are in custody, do not waive Miranda rights without consulting counsel.
5. Ask for a copy of any statement you sign or that is prepared from your oral words. Keep your own notes and contemporaneous records (photos, witness contact info, your own written recollection) to preserve your memory.

Practical scenarios (hypotheticals)

Hypothetical A — You witnessed a crash at an intersection and are not sure which car ran the red light. An officer asks you to sign an affidavit that says Car A ran the red light. You should decline to sign until the affidavit reflects what you actually saw (for example: “Car A entered the intersection after the light had changed; I could not see whether the light was red or green from my position”).

Hypothetical B — You were a driver involved in a collision with minor damage. A trooper prepares a state crash report and asks you to sign a sworn affidavit as part of that report. You must comply with statutory duties to stop and provide information; but you still should avoid signing any sworn statement that includes facts you cannot honestly verify. If the document misstates the facts, correct it or ask for time to review before signing.

Penalties for false sworn statements

Wyoming criminal law penalizes knowingly making false statements while under oath. If a prosecutor can prove you knowingly swore to false facts, you could face criminal charges. See Wyoming Statutes, Title 6, Chapter 5 for provisions on false swearing and related offenses: https://wyoleg.gov/Statutes/Statutes.aspx?file=titles/Title6/T6CH5.htm.

When to talk to an attorney

• If you think your statements could expose you to criminal liability, consult a criminal defense attorney before signing anything sworn.
• If you are a party to a civil case (e.g., personal injury claim) and worry that a sworn statement could affect your legal rights, consult a civil attorney for guidance on how to protect your interests when giving statements.
• If investigators seek a sworn statement and you feel pressured, you may ask for time to speak with counsel—especially if you are a suspect or the investigation indicates you may be cited or arrested.

Helpful Hints

• Do not sign any affidavit that contains details you cannot personally verify.
• Use cautious language: “to the best of my recollection” or “I do not recall” help avoid unintentional misstatements.
• Ask for a copy of any written statement before you sign and insist on corrections to inaccuracies.
• Document your memory right after the incident—write what you remember, take photos, and collect witness names and numbers.
• If you are uncertain whether you have been identified as a suspect, ask the officer directly and consider contacting an attorney before giving sworn testimony.
• Remember that refusing to sign is different from refusing to cooperate. You can cooperate by giving a factual, non-sworn account while declining to sign the affidavit until it accurately reflects what you know.

Disclaimer: This article explains general points about sworn statements and crash-related reporting under Wyoming law. It is for informational purposes only and is not legal advice. Laws change and each situation is different. If you need legal advice about whether to sign an affidavit, contact a qualified Wyoming attorney.