- If you are pulled over by the police, be polite and courteous! Pull over, and shut off your car. Place your hands on the wheel where the officer can see them. Officers want to be able to see your hands for their safety.
- Provide the Basic Information. You will need to provide the officer with your license, registration, and insurance, but you don’t need to volunteer additional information that may convict you. Officers are highly trained at getting you to provide information that they will use to convict you. Questions such as “do you know how fast you were going?” or “do you know the speed limit?” does not have to be answered. You have a right pursuant to the FIFTH AMENDMENT to the U.S. Constitution to remain silent and not incriminate yourself. Remember to be polite, BUT do not fall prey to giving up your Fifth Amendment rights and voluntarily provide information that will be used to convict you. However, if you do talk to the officer, you should be honest as being dishonest will usually hurt you. That may be the best reason to remain silent.
- Just say “NO” to Warrantless Searches. The FOURTH AMENDMENT to the U.S. Constitution protects us from Warrantless searches and requires that an Officer go to a Judge and get a warrant to search your car, home, etc. While there are many exceptions that allow Officers to search without a Warrant, like illegal items in plain view, etc. the most common exception is when the owner consents to the search. IF YOU CONSENT YOU HAVE JUST WAIVED YOUR RIGHTS UNDER THE FOURTH AMENDMENT, AND IT DOES NOT MATTER IF THE OFFICER HAD A RIGHT TO SEARCH OR NOT. Don’t give the Officers a free pass around your rights, and DON’T CONSENT TO SEARCHES. If the Officer searches your car anyway, your lawyer can get the evidence thrown out if the Officer did not have the right to search. But if you consent you are done. Remember this line: OFFICER, I DON’T CONSENT TO WARRANTLESS SEARCHES (Remember to be polite when you say this).
- Determine if you can leave. If an Officer is allowed to detain you (traffic stop etc) he should not detain you any longer than is needed to conduct his business. If it appears that the Officer is finished with his business and is starting to ask you about unrelated items, ask him this question (while remembering to be polite): OFFICER, AM I FREE TO GO NOW? This will force him to make a decision as to whether he feels he has probable cause to detain you further, and/or arrest you or let you go.
- If the Officer does detain you further and/or arrest you, DO NOT RESIST. This will only lead to additional charges and allow the officer to use physical force on you.
- If you are pulled over by the police and exercise your rights as outlined above, you will give your attorney the maximum opportunity to investigate whether the Officers violated any of your rights and get the evidence thrown out.
REMEMBER YOU HAVE IMPORTANT RIGHTS PURSUANT TO THE U.S. CONSTITUTION. DON’T THROW THEM AWAY.
I have just been arrested for DUI, I blew over the legal limit, can anything be done to help?
Yes! Attorney John Cutler at Cutler Law Office, P.A. handles DUI cases in all situations, such as when someone is pulled over by the police and that individual’s breath test result is above .08, or if they refused to take the test and or individuals who are accused of Driving Under the Influence of drugs.
In each case we scrutinize the evidence to ascertain whether:
- Was the evidence obtained in a constitutional manner? IF NOT the evidence can be thrown out and not allowed to be used in Court against you;
- Did the Officer follow the proper procedure when they administered the Field Sobriety Test and the Breath Test.? IF THEY DID NOT, the reliability of the test results may be challenged in Court;
- The machine is sometimes wrong. A skilled Attorney is needed to present to the Jury the evidence that can show your innocence.
A Driving Under the Influence Charge carries some of the most severe penalties of any misdemeanor offense. Don’t Go It Alone Hire an Attorney with the Skills and Experience needed.
BY TAKING THESE STEPS WE CAN MAXIMIZE YOUR CHANCES OF BEING FOUND NOT GUILTY AND/OR MINIMIZE THE PENALTIES.
Cutler Law Office, P.A. often encourages and enlists the services of Robert La Pier, an expert on Field Sobriety Tests and the Breath Test machine.
