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The
Hudson Law Office
DWI
Attorneys/DUI Lawyers
Aggressive
DUI Defense
Sarasota,
Bradenton, and Key West, Florida
When
Everyone Else is On Your Back, We're On Your Side.®
(941)
957-0500 Sarasota-Bradenton
(305)
292-8384 (8DUI) Key West
The
FIVE THINGS Not To Do If You Get Pulled Over
By
The Police
By
Tom Hudson
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Okay,
Tom, it's easy to tell me what to do if we get stopped, but that's a
lot of information, especially to try to remember at
3am. What if I forget all of those things?
Can
you just tell me what NOT to do so I don't cut my own throat?
Sure.
There are five things you definitely should not do if the
police pull you over and you have alcohol on your
breath. Here they are in no particular order:
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1.
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DON'T
SAY ONE WORD MORE THAN YOU HAVE TO. It is amazing how,
in the middle of the night on the roadside, a small
mispronunciation can confirm the officer's preconceptions
that you are drunk.
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2.
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Don't
admit to drinking. If you are asked "how much
have you had to drink tonight?" just ask if you are
under arrest. (See
The
Four Words That Can Save You a DUI Conviction.)
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3. |
If
you DO admit to drinking, then DON'T say it was "hours
ago." Most people think they are helping
themselves by lying and saying that their drinking was early
in the evening. The exact opposite is true.
If you had two shots just before you left the bar, you may
not have metabolized that alcohol yet, and you might well be
under the limit now, even if you test over the limit
by the time that they get you back to the station.
This may not help you in the field, but it will definitely
help you in the courtroom, if you have a competent and
experienced DUI attorney.
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4. |
Don't
be cute. Some lawyers tell you to lower your
window an inch and slide your license and registration out
to the officer through the opening. This is just
asking for a full DUI investigation! Be polite but
terse. And juries find it almost an admission of guilt
if you play those kinds of games with the police. Keep
the high ground, and simply respond in as few words as
possible to the officer's reasonable requests. If the
requests start to seem unduly accusatory, ask to talk to
your lawyer.
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5. |
Don't
forget that you are probably on camera. These
days, most DUI stops are recorded on video from the time of
the stop, if not before. The officer knows this, and
so he's on his best behavior. If you forget it, you
may say or do things that might embarrass you later.
So be polite. Juries are generally sympathetic with
well-behaved people who have been pulled over by the
police. After all, most of them have been pulled over,
too. But if you start acting up, the jury's sympathy
will instantly switch to the officer, who is "just
doing his job." I've seen a lot of video of
DUI arrests, and it's amazing how fast that switch occurs
when you get out of line. |
So there
are some good "don'ts." Obviously the best way to
avoid a DUI arrest is to get a designated driver. However, it
is important to remember that, despite all of the propaganda, it is perfectly
acceptable to drive after a drink or two. There are
even studies that show that a small amount of alcohol in the system
actually improves your chances of avoiding a crash. And
in Florida, if not in all states, you can't even get a liquor
license for your bar unless you have enough parking spaces.
So be smart. If you get pulled over, you can avoid being
arrested. And if you are arrested, you can avoid being
convicted.
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