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Tips for Handling a Roadside Police Encounter
You just got pulled over and had one with dinner, guess what? The police have you in his or her sights for their DUI quota.
First and foremost, be polite, because nothing makes the police happier than arresting someone who is being an a-hole.
What are you Legally Required to Do?
Now to the important legal points, keep your hands visible and yes you must show your driver's license, registration, and proof of insurance.
What you are NOT Legally Required to Do...
Don't answer questions. The favorite question, have you been drinking. Politely advise the officer that you would like to remain silent. Don't give the officer a slam dunk reason to get you out of the car for field sobriety tests. Everyone seems to answer "a couple" when asked this question. Guess what, answering anything other than nothing gave the Police reasonable suspicion to conduct a DUI investigation.
At this point, if you did things right, you did not give the officer any incriminating statements. But guess what, the government makes big bank on DUI cases, the Police are going to ask you to step out of the car and take some field sobriety tasks. This is a good time to ask the officer, if you are under arrest or free to leave. Bit note, the less you say the better, they will say you has slurred speech, thick tongue and other things they are told to say in training. He will not let you leave and your attorney will make the police justify the detention. Now here is where the police try to trip you up, they will ask you if you will do field sobriety task for them. Short answer here, the police cannot make you do these road side circus tricks. Yes, you are being filmed, (most police cars have cameras and officers usually have body cameras) and that is the main evidence they are going to use to convict you later. My advice is if you cannot perform these perfectly, do not do the tasks.
The policed to arrest you want you to give them the evidence to convict yourself. Now the police must make the decision to arrest you, and will most likely ask you to submit to a blood or breath test. Guess what, they will use this against you in court also. And god help you if they want a blood test, if they do not get the number they want for alcohol, they will run your blood for any medications you may have taken to make a case. In Tennessee having a prescription is not a defense to DUI. In California, it is reported that some absurd prosecutor is attempting to make a driving impaired case due to caffeine after getting a zero on alcohol. This is the extremes the government is stooping to make DUI cases. They may even threaten you with jail if you don't comply. Well guess what? You are already detained and they are looking for a reason to arrest you. Do you have to give a breath or blood sample? NO! If they had a case against you, why would they need a sample? So they can use it on court against you! If you followed this advice you may be taking a ride to jail, but guess what, you were probably going there anyway. Think about it, if the officer was cutting you loose, he or she would not have asked you to do filed sobriety tasks or give a blood or breath sample.
The Police are looking for evidence to arrest and convict you. If they had it, they would have arrested you right off the bat. Yes, you are going to booking, and jail for a six-hour hold. Get a nap and post bail or have a bail bondsman bond you out. Call us for a consult and we will discuss the case. Because what evidence does the police have? A traffic stop and a lot of suspicion. No film of you looking like a bad circus act or a meaningless number that the police will parade in front of jury saying it means your drunk and driving. Because no matter how nice the officer was to you, be is paid to arrest you. And as a parting word, do not act a fool in the police car, they also have cameras and mics. Stay quiet, be calm and fight it out with the state in Court.
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