Quick Reminder of What To Do If You’re Pulled Over

Quick Reminder of What To Do If You’re Pulled Over

With the holidays upon us and everyone enjoying themselves, your may find yourself in situation with flashing lights in your rearview mirror.

First, don’t drink and drive. The inconvenience and cost of an Uber or Lyft is nothing compared to the inconvenience and cost of getting charged with DUI.

If you find yourself in a situation where you have been drinking, no matter how much you had to drink, please follow these rules when dealing with the cops.

If you are driving after midnight your chances of getting stopped go up exponentially. The cops are flooding the streets during the holidays trying to make arrests, quotas and money for the State.

The cops are looking for these driving patterns:

  1. Weaving
  2. Straddling lane lines
  3. Turning with a wide radius
  4. Almost striking an object
  5. Swerving
  6. Drifting
  7. Stopping problems
  8. Accelerating or decelerating for no apparent reason
  9. Varying speed
  10. Slow speed
  11. Driving in opposing lanes or wrong way
  12. Slow response to traffic signals
  13. Stopping in lane for no reason
  14. Driving at night without headlights
  15. Following too closely
  16. Improper or unsafe lane change
  17. Illegal or improper turn
  18. Driving on other than the designated roadway
  19. Stopping inappropriately in response to an officer
  20. Inappropriate or unusual behavior
  21. Appearing to be impaired

As you see, pretty much doing anything slightly off.

In case you are stopped its important to have your license, registration and insurance card readily available. The cops are looking to see if you have trouble finding it. I recommend putting the registration and insurance card clipped to your sunvisor where you can just grab them.

If you are stopped and the cops ask you if you know why they stopped you, either say “No” or “My lawyer has advised me not to answer any questions, officer”. Don’t guess.

If they ask if you’ve had anything to drink that night, again answer “My lawyer has advised me not to answer any questions, officer”. If they smell alcohol on your breath, you are probably going downtown.

If they ask you to step out of the car, cooperate. Know that their body worn camera or dashcam is probably recording.

The officer is then supposed to ask you a series of what are called “pre FST questions” if they ask again say “My lawyer has advised me not to answer any questions, officer”. Remember they are asking you these questions to help them get a DUI conviction.

If they ask you to do their Field Sobriety Tests, this includes the eye test, tell them “My lawyer has advised me not to perform your tests, officer”.

They will ask you to blow in a machine at the side of the road, you are not required to do so and shouldn’t blow it, again “My lawyer has advised me not to perform your test, officer”.

The reason for answering all these questions the way I advised is that if you just refuse to take the tests then the prosecutor can argue that you refused because of a consciousness of guilt. If you say your lawyer has advised you not to perform the tests or answer questions, then they cannot argue consciousness of guilt.

At this point you will be placed under arrest. The cop will then tell you that you have to take a blood or breath test. You have a right to refuse, but a refusal will most likely result in a one year license suspension. If you choose to take the test, I recommend the blood because there are more ways to fight it and it takes longer to obtain.

At this point, you will be held in custody for a couple hours and released.

Again, this is not the holiday experience you want to remember, don’t drink and drive.

Have a great holiday and a happy New Year. If you find yourself in this situation make sure to give me a call at 213-893-8640 as soon as possible.


Recent Posts