Quote:
Originally Posted by Belugs
Quote:
Originally Posted by Resjudicata
The question I get all the time: What do when you're pulled over.
The answer varies depending on situations, but usually it's at night after you've been partying at the company Christmas party.
Steps to follow:
1: pull over immediately in the safest manner possible.
2: Turn on all your interior lights and open all your windows. don't fidget or fumble around.
3: get your license and registration out and have them ready for the officers. Don't throw them at them, just wait till they ask for the documents.
4: Act Sober. Don't slur your words, and don't slouch. Answer all questions with either "yes, sir." "No." Or "I want my attorney".
5. Look straightforward, hands on or above the wheel in plain view at all times. Don't get out of the car, unless the officer says "you're under arrest"
6. If the officer asks questions like: "do you want to step out", or "come with me"; you can ask "Sir, Am I free to leave?"
7. Thank the officer if he let's you go with just a warning for following the above advice.
Don't ever agree to perform any field sobriety tests, blow into anything, or consent to searches or anything of the kind.
You have a 5th and 6th ammendment right, NOT to do any tests and you should exercise your 6th amendment rights to counsel at all times.
Questions?
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Wow this is good info...and what if officer decides to arrest you for refusing the test? How do u refuse in the most polite way without escalating things? Do you state any type of law that makes them realize you know your rights and the law? |
That's the PERFECT follow up question, and thanks for your comments. I'm trying to provide good info and help everyone.
Questions?[/QUOTE]
Wow this is good info...and what if officer decides to arrest you for refusing the test? How do u refuse in the most polite way without escalating things? Do you state any type of law that makes them realize you know your rights and the law?[/QUOTE]
First, let me start by saying it varies by state and jurisdiction. I'm licensed in Virginia and DC, and while most states are similar, I'll be responding based on Virginia law which is more common law.
Most states including Virginia have an "implied consent" law. which in plain English means that you agree to blow if asked by a cop. HOWEVER, this only applies to the Intoxilator machines at the Station AFTER you've been arrested.
Before you can get to that point, the police will ask for Field Sobriety tests ("FST") and a machine called a "PBT" (preliminary breath test) in order to prove that you're probably guilty.
Before the police call pull you over, they need "RAS" (Reasonable Articular Suspision) to get "PC" (Probable Cause) to arrest.
You're speeding, swerving, or other actions could give rise to RAS that would alert an officer. then the officer will initiate a traffic stop and ask for all kinds of stuff to see if he can get PC. this includes but not limited to the FST and PBT.
YOU DO NOT NEED TO DO the FST or PBT.
However, the cop may still have a reason to get PC neccessary for arrest and make the arrest. You are then handcuffed and transported to the nearest Police Station. this is where you will be observed for 30 minutes and given a choice of whether or not to take the Machine tests.
This is your first real "choice". You can agree and provide the police with evidence that could hurt your DWI or DUI case in court. OR you can refuse and accept certain consequences.
Depending on the law and jurisdiction, refusing in Virginia FOR A FIRST OFFENSE is considered CIVIL and not criminal in any way. However, your second and third refusals, etc; will be considered seperate class misdemeanors with additional jail time and penalties.
In Virginia, if you're guilty of being drunk and driving as a first offense, your first refusal is a civil and the maximum penalty is 12 months without any license. although you rarely get the max, it's what's called a "HARD" loss of license, meaning you can't get a permit and will be walking for at least a year.
If you're guilty of a first DUI in Virginia, you can lose your license for a year; but you're often given a restricted temporary license to get to and from work. Also you face a host of problems such as a year in jail, a $2500 fine, SR22 insurance, and a myriad of other problems.
so it's clearly your call and a judgment call in the moment. However, if you're "drunk" enough to get arrested and taken downtown when you're following all my steps above, the cop probably has a really good feeling you're drunk and you might be advised not to help him out you in jail.
Take my advice and if you're in Virginia, don't Consent.