Fact Finder wrote:Advice to all who may find themselves in this same predicament.
Officer pulls you over, asks you to get out of your car, you get out. Officer asks "have you been drinking tonight sir?" You reply simply with "Officer, before I say or do anything I'd like to speak to my attorney."
Do not give the officer ANY evidence AT ALL. Do NOT say "yes I just had 2 beers." Do not tell him where you have been nor where you are going. The officer will not be happy and will try to intimidate you into giving up the evidence he needs to arrest you. DO NOT GIVE YOURSELF UP AT ALL, YOU DO NOT HAVE TO, YOU HAVE THE RIGHT TO REMAIN SILENT, AND YOU HAVE A RIGHT TO REPRESENTATION. Again, the officer will not be happy. SUCKS TO BE HIM.
Officer asks, "sir I need you to to walk this white line, or , I need you to stand on one foot arms outstretched and try to touch your nose."
You reply, "Officer, before I say or do anything I'd like to speak to my attorney."
Do not blow into his machine, do not take a field sobriety test. Repeat after me "Officer, before I say or do anything I'd like to speak to my attorney."
You should then request to be able to leave the scene. Car parked and you walking if need be. This should all be on the officers video camera tape for your attorney to later review. This will help remove the officers "probable cause" to arrest you. You were most likely pulled over for a minor traffic infringement and the officer is trying to turn that into something bigger, in this case a DUI.
You will be arrested of course, and that will suck, but it won't suck near as bad if you give yourself up, as the officer will have no evidence. Other than HIS word in his report. He'll write a report and say "bloodshot eyes, slurred speach, aroma of alchol ect.." Without the breathalyzer though, your attorney can serve you much better.
Let your attorney take care of the rest after a good friend or family member bails you out later that night or the next morning.
So once again. "Officer before I say or do anything I will need to speak to my attorney" and "I would like to be free to leave." This should be the extent of your conversation with the officer. Resist his questions repeatedly yet nicely. Don't be a dick or anything. Give him your license and papers, registration and insurance card. Do not answer any questions about your behavior or whereabouts. Do not do anything to furthur incriminate yourself. Your attorney will thank you and you will thank yourself later on.
If the officer asks to search your vehicle or your person the same quote applies. "Officer, before I say or do anything I'd like to speak to my attorney."
Again, the officer will not be happy and again SUCKS TO BE HIM. You have the right to remain silent and you have the right to representation. DO NOT GIVE UP YOUR RIGHTS. People have fought and died for these rights, USE THEM TO PROTECT YOURSELF. Let the professional attorneys work out the rest. You will be gald you did.
That quote can serve you well in a lot of situations with police officers. Use it when you feel threatened or intimidated by police, or perhaps when you may be guilty of something.
" Officer, before I say or do anything, I'd like to speak to my attorney" and "I like to be able to leave now."
Otherwise, shut up. Clam up. PERIOD! It's nobodys business where you have been nor where you are going. Do not incriminate yourself folks, you are just making the cops job easier, thus making it harder on yourself. If the officer trys to lead you to believe he'll go easier on you if you talk to him HE IS LYING , PERIOD! Trust me please. Don't lose your rights.
Great advice,but the problem is if you do that and don't take the breath test in some states,you lose your license on the spot ! Then they will take you to jail,where you won't get it back for 90 days or a yr. Then blood test at the jail.. They have ways around our so called rights.. I have no problem with cops keeping drunks off the streets at night,but for the love of god,they need to relax a little,not everyone on the road at 1 am has been drinking.. I got pulled over twice in one week ,and I wasn't a drinker..The regular cop was cool and let me leave right away.. 2 days later a state trooper followed me out of a bar..I had water all night and I was chewing gum.. He made me do all the test and its was like 0 outside in the winter..Then the breath test..I passed of course and he was soo pissed.. I hate cops like that..He wasn't just doing his job,he was harassing me!