Getting pulled over by the police is an embarrassing and annoying disruption to a journey, with many drivers being surprised to see the flashing lights of the police car in their rear view mirror. In fact, some drivers may hear sirens and assume that they are meant for someone else – even attempting to get out of the way – because they believe that their driving is impeccable. This is representative of the power of alcohol and the affect that it has on normal judgment, which can be refuted with the use of video evidence that can be captured by the dashboard cameras in police cruisers.
Keep Calm and Pull Over:
The moment a driver recognizes that the police are pulling them over; they should remain calm and immediately stop the vehicle at the next available safe spot. This must be undertaken without any sudden and/or dangerous maneuvers or stopping in the middle of the road. Virginia attorneys, The Wilson Law Firm offer the following advice for drivers ordered to pull over ‘failing to stop, attempting to out-run the police or continuing to the intended destination because it is close are all foolish moves that must not be attempted unless the driver actually wants to turn what could be a routine stop into serious jail time. It is prudent to switch off the engine and stay in the vehicle unless instructed otherwise.’
Show Documents Only When Asked:
Although it is commonplace for a police officer to request the driver’s license, vehicle registration and proof of insurance on approaching the stopped car, do not reach for it until asked. Patrick C Cummings, a DUI lawyer in Virginia further advises that the sight of a driver reaching for something from the glove compartment or center console, for example, could be considered a threat and the officer could react accordingly by drawing their gun. Similarly, do not take off the seat belt as it could be assumed that it was not being worn in the first place, which is an offence in itself and can attract a fine.
Answer When Questioned:
The police officer will confirm the reason for the stop and this may often be followed by a related question, for example, ‘I’ve stopped you because you were driving a little erratically – have you had anything to drink tonight?’ Give an unambiguous response without lying, as this will only lead to further problems. However, the driver should avoid volunteering information, such as in response to the question ‘do you know why I stopped you?’ This could serve to draw attention to an infraction that may have otherwise gone unnoticed. Instead, if the driver answers that they do not know why they have been stopped, they will place themselves in a position of waiting to be told. With the vehicle documentation and license, the officer will be in a position to complete a background check that will reveal any outstanding warrants or expired vehicle tags that could result in further charges being brought.
Always Undertake Field Sobriety Tests If Asked:
No matter whether the response is positive or negative, the officer is likely to proceed with field sobriety tests to confirm or refute their suspicions in determining whether a DUI offence has been committed. It is essential to listen to the police officer’s instructions carefully and to follow them to the letter rather than attempting to anticipate what the officer expects. If questions arise, avoid speaking over the officer to voice them as this can be considered a sign of intoxication. Similarly, complaining about having to undertake the tests or insulting the officer will not offer any benefit and may result in a label of refusing to cooperate. This will be taken into account should the DUI charge reach court and can worsen the overall punishment.
Don’t Try To Trick The Breathalyzer:
Depending on how well the field sobriety tests are completed, a breathalyzer may then have to be used. It is futile to attempt to trick the breathalyzer by sucking or merely pretending to blow as the machine is sensitive and specifically calibrated to detect the pressure of a stream of breath before analyzing it to determine whether it contains any trace of alcohol. Refusing to submit to a breath test will usually result in an immediate arrest as it will be presumed that the step was taken as a result of the driver being guilty and not wanting to incriminate themselves.
If You Are Arrested:
In the event that the breath test comes back positive, an arrest will ensue and the driver must cooperate fully to prevent making matters worse. A charge of resisting arrest will exacerbate an already bad situation. At the police station, there will be a wide range of other information required and it must all be given freely and immediately to avoid spending more time in the cells than is necessary.
Every driver that is brought in on a DUI charge will get the opportunity to contact a DUI lawyer. This should be taken the moment it is allowed, which will enable the driver to contact a legal professional who is well versed in the statues related to drink driving. Remember though, each state sets their own laws, so always contact a lawyer within the state in which you have been arrested. If you are charged inVirginia, then contact a Virginia DUI lawyer for example. Being able to relay each step of the stop will give the lawyer the best chance of limiting the punishment and ensuring the best chance of beating the charge.
Keep Calm and Pull Over:
The moment a driver recognizes that the police are pulling them over; they should remain calm and immediately stop the vehicle at the next available safe spot. This must be undertaken without any sudden and/or dangerous maneuvers or stopping in the middle of the road. Virginia attorneys, The Wilson Law Firm offer the following advice for drivers ordered to pull over ‘failing to stop, attempting to out-run the police or continuing to the intended destination because it is close are all foolish moves that must not be attempted unless the driver actually wants to turn what could be a routine stop into serious jail time. It is prudent to switch off the engine and stay in the vehicle unless instructed otherwise.’
Show Documents Only When Asked:
Although it is commonplace for a police officer to request the driver’s license, vehicle registration and proof of insurance on approaching the stopped car, do not reach for it until asked. Patrick C Cummings, a DUI lawyer in Virginia further advises that the sight of a driver reaching for something from the glove compartment or center console, for example, could be considered a threat and the officer could react accordingly by drawing their gun. Similarly, do not take off the seat belt as it could be assumed that it was not being worn in the first place, which is an offence in itself and can attract a fine.
Answer When Questioned:
The police officer will confirm the reason for the stop and this may often be followed by a related question, for example, ‘I’ve stopped you because you were driving a little erratically – have you had anything to drink tonight?’ Give an unambiguous response without lying, as this will only lead to further problems. However, the driver should avoid volunteering information, such as in response to the question ‘do you know why I stopped you?’ This could serve to draw attention to an infraction that may have otherwise gone unnoticed. Instead, if the driver answers that they do not know why they have been stopped, they will place themselves in a position of waiting to be told. With the vehicle documentation and license, the officer will be in a position to complete a background check that will reveal any outstanding warrants or expired vehicle tags that could result in further charges being brought.
Always Undertake Field Sobriety Tests If Asked:
No matter whether the response is positive or negative, the officer is likely to proceed with field sobriety tests to confirm or refute their suspicions in determining whether a DUI offence has been committed. It is essential to listen to the police officer’s instructions carefully and to follow them to the letter rather than attempting to anticipate what the officer expects. If questions arise, avoid speaking over the officer to voice them as this can be considered a sign of intoxication. Similarly, complaining about having to undertake the tests or insulting the officer will not offer any benefit and may result in a label of refusing to cooperate. This will be taken into account should the DUI charge reach court and can worsen the overall punishment.
Don’t Try To Trick The Breathalyzer:
Depending on how well the field sobriety tests are completed, a breathalyzer may then have to be used. It is futile to attempt to trick the breathalyzer by sucking or merely pretending to blow as the machine is sensitive and specifically calibrated to detect the pressure of a stream of breath before analyzing it to determine whether it contains any trace of alcohol. Refusing to submit to a breath test will usually result in an immediate arrest as it will be presumed that the step was taken as a result of the driver being guilty and not wanting to incriminate themselves.
If You Are Arrested:
In the event that the breath test comes back positive, an arrest will ensue and the driver must cooperate fully to prevent making matters worse. A charge of resisting arrest will exacerbate an already bad situation. At the police station, there will be a wide range of other information required and it must all be given freely and immediately to avoid spending more time in the cells than is necessary.
Every driver that is brought in on a DUI charge will get the opportunity to contact a DUI lawyer. This should be taken the moment it is allowed, which will enable the driver to contact a legal professional who is well versed in the statues related to drink driving. Remember though, each state sets their own laws, so always contact a lawyer within the state in which you have been arrested. If you are charged inVirginia, then contact a Virginia DUI lawyer for example. Being able to relay each step of the stop will give the lawyer the best chance of limiting the punishment and ensuring the best chance of beating the charge.
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