What To Do (And What Not To
Do)
When You Are Stopped By The Police
DISCLAIMER:
I get some pretty strange emails from people who do not understand the function
of a DWI Defense Lawyer. Some people believe that I somehow condone and promote
drunk driving - I do not. I am, however, a vigorous and zealous defender of
clients who are charged with DWI (see Article:
Why
Zealous Defense of DWI Charges is Important). I am not my client’s Judge
or their Prosecutor; my job is to defend and I am duty bound to defend my
clients with vigor and zeal.
I
also believe that for most clients charged with DWI, there is a human element
behind the charge itself - some clients are suffering from the disease of
alcoholism, or other substance abuse, and some are suffering from some other
ailments such as depression, anxiety, or bipolar disorder which cause them to
consume alcohol. Defendants charged with DWI are entitled to a zealous defense
as well as empathy and understanding.
The
above being said, I find it necessary to
include this little “disclaimer” here The contents of this page (and
this entire site) should not lead anyone to believe that there is an easy way to
“beat” a DWI charge - nor should anyone believe that I am suggesting that
people drive intoxicated because a good defense is available. If you believe
that I condone driving drunk, or that I am inducing people to do so, you are
mistaken. With that out of the way, the following is a short list of what to do
and what not to do if you are stopped by the police and suspected of DWI.
Link here to view my current blog on this subject.
WHAT
TO DO AND NOT TO DO WHEN PULLED OVER
INTRODUCTION:
Your chances of being pulled or by police are heightened when you are driving
during the late evening and early morning hours. Statistics show that more
people are likely to be driving drunk during these hours. Police are keenly
aware of this fact and are particularly vigilant about looking for reasons to
pull cars over during these hours (e.g. speeding, failing to maintain lane,
failure to signal, etc.). Of course, the best defense against a DWI is not to
drive at all after consuming alcohol or drugs, regardless of the time. If,
however, you are stopped and suspected of DWI, I suggest the following
guidelines:
1.
Credentials. Have your credentials (license, registration and
insurance) ready. Police will look for slow and fumbling hand movements as
indicia of intoxication.
2.
Lights & Hands. Immediately put the car
interior light(s) on and place your hands where the officer can see them. The
police do not know you, and are first and foremost concerned for their safety
(and the safety of other innocent citizens) - seeing your hands eliminates a
possible threat.
3.
Polite. Be polite and courteous at all times
- do not challenge the officer’s integrity or authority.
4.
Chit-Chat. Do not believe you can talk your
way out of a DWI charge. Police are duty bound to do their jobs, including
arresting someone they reasonably believe is Driving While Intoxicated. Trying
to talk your way out of an arrest will usually backfire by being used against
you later as an admission of your guilt.
5.
Loaded Questions. Do not answer any
questions regarding whether you consumed alcohol - politely and respectfully
tell the officer that you would like to speak with an attorney before answering
any questions.
6.
Field Sobriety Tests. There is a school of
thought which suggests that you should never agree to perform roadside sobriety
tests (the heel to toe, the one leg stand, the finger to nose, etc.). Each case
is different and therefore, whether to agree to perform roadside tests is, in my
opinion, a difficult question to answer yes or no. The danger in refusing to
perform the tests is that your refusal will be regarded by most New Jersey
Judges as pretty strong circumstantial evidence of guilt. The Judge may conclude
that you did not perform the tests because you would fail miserably (i.e.
because you were drunk).
I
see far too often however, clients who cooperate with the police to such an
extent that they agree to perform tests which their physical condition(s)
prohibit (e.g. they may be exhausted or fatigued, have serious medical ailments
such as back or knee problems, etc.). If you suffer from any ailment(s) which
would prohibit or limit your ability to perform the tests asked of you, you
should inform the police and politely tell him that you would be unable to do
the test(s) because of your condition. Be prepared to fully document your
condition with medical reports and records if your case goes to trial.
7.
Breath Tests. Always agree to give samples of
your breath - a charge of refusing to give samples of your breath is a separate
charge (i.e. it will be charged in addition to the DWI). Defending a DWI charge
even with a high breath reading is almost always preferable than defending a DWI
and Refusal charge.
Again,
be polite and deferential with the police. The time and place to challenge the
authority and procedures of the police is in the court room, not during the
arrest and processing.
Exercise
your right to remain silent - tell the police that you respectfully decline to
answer any questions without counsel present. Most clients feel compelled to
make statements - giving statements is almost always tantamount to helping the
State dig your grave.
One
exception is that if the police ask you if you are sick, under the care of a
doctor, or suffer from diabetes, provide an answer if your ailment would affect
your mental or physical abilities (i.e. make you appear intoxicated). Do not
answer questions regarding any drugs you are taking.
8.
Blood Test. Ask and demand that the police
allow you an opportunity to get blood drawn at a local hospital. The police must
have a procedure in place to afford you this right.
9.
Document. As soon as possible, write down everything you can
recall about the stop, the questions asked and the arrest. Take pictures of the
scene of the stop and the location of the roadside tests. If you
suffered from a medical condition which would have affected your ability
to have performed the balance tests or which would otherwise make you
appear intoxicated, immediately start gathering the medical records and
reports to support the claim.
10.
Counsel. Hiring an attorney as soon as
possible after the arrest (prior to your first scheduled appearance before the
court) is to your benefit - delaying hiring counsel may hurt you. This is why:
New Jersey Supreme Court guidelines establish a sixty (60) day goal to dispose
of DWI charges. Since these cases take such high priority in the system and will
be pushed forward by the court aggressively, it is necessary for your attorney
to act swiftly in gathering information.
Call
on New Jersey
DWI lawyer, Greggory M. Marootian when you need
experienced
professionals to give you the facts, and restore your integrity.
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