Quick Reminder of What To Do If You’re Pulled Over
By otmseo on August 24, 2020
With the holidays upon us and everyone enjoying themselves, you 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.
Should 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:
- Weaving
- Straddling lane lines
- Turning with a wide radius
- Almost striking an object
- Swerving
- Drifting
- Stopping problems
- Accelerating or decelerating for no apparent reason
- Varying speed
- Slow speed
- Driving in opposing lanes or wrong way
- Slow response to traffic signals
- Stopping in lane for no reason
- Driving at night without headlights
- Following too closely
- Improper or unsafe lane change
- Illegal or improper turn
- Driving on other than the designated roadway
- Stopping inappropriately in response to an officer
- Inappropriate or unusual behavior
- 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.
How To Answer The Cops Questions.
If 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.
When 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.
Don’t Do The Cops Field Sobriety Exercises.
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 in it. Again tell them “My lawyer has advised me not to perform your test, officer”.
If you simply 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 the cop will place you 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 for them 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 213-479-5322 as soon as possible.
