How To React at a Traffic Stop

OVI-DUI-Driving

A DUI is a serious offense and can have a major impact on your life for years to come if you are convicted. Knowing how to react if you are pulled over can help lower your chances of a conviction.  The following list should be read and shared; and the most important thing to remember is to remain silent. Don’t answer questions and call your criminal defense attorney, immediately. 

  • WHAT you say is most important. Anything you say can and most likely will be used against you AND could possibly give law enforcement a reason to arrest you.  No matter how nervous you you may be, whether you are guilty or not, don’t insult or talk back to an officer, ever. Remain calm and polite; getting belligerent will only make the situation worse.
  • Remember that you can’t be arrested for remaining silent and not answering questions. Show your driver’s license, registration and proof of your insurance. Law enforcement is counting on you being nervous enough to answer questions that will likely incriminate you. When and if you are asked if you were drinking and where you are coming from – simply say, “I’m sorry, I have been advised to not answer any questions.”  Do not give false information or lie.
  • If you are asked to be searched on your person or your car, refuse. You do not have to consent to a search.  If you do, however, you may be waiving your Constitutional Right to be free from unreasonable search or seizure and damage your defense in court. Don’t physically resist, ask to call your criminal defense attorney in Ohio.
  • If law enforcement asks you to hand over anything and you are not under arrest; don’t. Remain silent. Handing over anything will be considered consent on your part.
  • Refuse a field sobriety test as you are under no legal obligation to perform this. They are considered one of the most effective tools that law enforcement has on them to collect evidence against you – but are so subjective that many “false positive” results occur. Also, refuse a breathalyzer – they are notoriously unreliable.
  • Law enforcement does not have the right to extend the traffic stop beyond the original reason for the stop unless you have given them reasonable suspicion that other criminal acts have occurred. Once you have received a ticket or a warning, you are legally free to leave. Don’t hang around giving law enforcement opportunities to ask more questions
  • Once you have been released, try to write down everything that you remember about the stop – the entire night.  The more notes you take the easier it will be for a criminal defense attorney to advocate for you and fight the charges against you.

The Bottom Line:  You may be arrested even if you don’t answer any questions, don’t consent to a search or any testing, but the more you exercise all of your Constitutional rights the harder it will be for you to be convicted.  You will need a criminal defense attorney to fight for your rights, so the first thing you should do is call one.  Put my number in your mobile and know that I can be reached always.  513-260-2099

By |2020-11-15T13:53:07+00:00May 4th, 2016|Drug, DUI-OVI|0 Comments

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