The Izaguirre Law Firm Blog
What should you do if you are stopped by a police officer?
First let’s begin with the reason as to why you would get stopped. A police officer may stop you because you have committed a traffic violation or because he believes that there is probable cause that you will commit one or are a danger to others.
What could be considered as probable cause?
They’re many things and situations that can be used as probable cause for example the appearance/condition of your vehicle. Dark tinted windows, broken light lenses, cracked windows, loud exhaust pipes and even the damaged body of your car can be used as excuses to make a stop.
Another example is the mannerism of your driving. Either you're going to slow or too fast, swerving, indecisive turns, or you're just looking lost.
All of this can be used as probable causes to make a stop, what an officer finds during the stop can be used to make an arrest.
If you have nothing to hide then you have nothing to fear.
During a stop by a police officer;
1- Stay Calm
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Remain in your seat and wait for the office to approach you.
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Keep your documents in an accessible place, and hand them over when asked.
2- Be Silent
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You have the right to remain silent, if the officer ask you questions you don’t feel comfortable answering then politely decline.
3- Don’t Admit to Anything
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What should you do if you are pulled over and you have been drinking?
By any means is this an excuse to drive while under the influence of alcohol or other substance. If you have been drinking, then DON’T drive! But if you find yourself in this situation these are a few suggestions on how to manage the situation.
Once you see those red and blue lights go off, pull over to the right side of the road as steady as possible.
Always try to keep your registration and insurance in an easy to reach place. Turn your dome lights on and keep your hands on the wheel. If you have time and an opportunity, try to vent out your vehicle: roll down your windows or blast the A/C.
When the officer comes to your window be polite and hand him the necessary documents, after that say nothing and admit to nothing! People who are overly talkative or try to play things off tend to give out too much information, that can later be used against them.
As the officer begins asking you questions like “Have you been drinking?”, “Where are you coming from?” or “Do you know how fast you were going?” respond with “Why do you ask?”, “I have nothing to say”, or “I would like to speak to my lawyer before answering your questions.”
Remember don’t admit to anything or try to explain anything! Without your admission, the officer can only base his suspicion of probable cause in your mannerism for a DWI arrest.
The reason why it is so important that you don’t say anything after handing the officer your documents is because if you really are guilty you don’t need to give the officer more evidence to use against you. Another important thing that you should do that most people don’t, is to be observant of what the office says or doesn’t say or what he does or doesn’t do. For example, does he read your rights to your before making an arrest? at what time did you provide him with information? does he inform you of the penalties you face for refusing a field test? Failure to do this on his part can lead to any results he gets inadmissible in court.
Should I refuse a DWI Field Test?
Here is where things get tricky, contrary to popular believe it is better and recommended that you refuse to take any field test or blood test. If you know that you were stopped for DWI it’s safe to assume that you are going to get arrested either way, so again don’t give the officer more evidence against you.
If you are asked to get out of the vehicle do so, do not resist. Once you are out of the vehicle remain calm and politely refuse to do a DWI field test or breathalyzer test.
It is within your rights to refuse! Although there are penalties for refusing to do the test like; getting arrested (which you were most likely going to anyway), or a confiscated license (you get 15 days to request a hearing to save license).
From the moment, you were stopped your priority should be to avoid a criminal conviction rather than a civil penalty for refusing a DWI test. With no evidence taken by the officer on the scene it will make it easier for your attorney to fight your case!
What About My Vehicle?
NO. Never let an officer search your vehicle voluntarily. Anything found inside can be used as evidence, for example empty beer cans that you might have just tossed in your car or where already there from a long time ago can be used as evidence by the officer for a DWI arrest.
Without a warrant an officer can only look into your vehicle from the outside.
1- Stay Calm
2- Remain Silent
-Don’t say anything, don’t explain anything
3- Don’t Consent
- Without a warrant you can refuse any test and/or search
4- Don’t Drink and Drive!
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