Law enforcement must have a reason
to stop you
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Defects in your car’s safety feature, such as a broken tail light gives
a police officer an excuse to stop you for a DUI. You are already suspect, so
you want to do your best to dispel that impression. Start by finding a safe
place to pull over, on the right side of the road whenever possible. It is
important to be prepared, so keep your registration and insurance card in a
readily accessible location. It is not a good start when you have to fish
through your glove box or cannot find these documents when you need them. If
you are stopped at night, turn your dome light on and place both your hands on
the steering wheel so the police officer can see them. Hands on the steering
wheel does two things. First, it will make the officer more comfortable with
regard to his or her safety. Secondly, it conveys a sense of personal control
on your part.
You do not have to answer questions
that incriminate you
- Be courteous, but not overly talkative. Make no admissions about anything.
- You are under no obligation to provide any information beyond that on your driver’s license, vehicle registration, and proof of insurance.
- If you make any admission, however inconsequential, it can be used against you.
- Volunteering a statement such as only having one drink provides the officer with cause to investigate the matter further.
- When you offer no admissions, the officer must base his or her decision to pursue a DUI arrest on your driving or mannerisms.
- If the law enforcement officer directly asks if you have been drinking, respond politely with a question such as, “why do you ask?”
- A broken tail light is not an indication that you are impaired, and you are under no obligation to have a discussion about your night’s events.
- The best thing that you can do in this situation is to politely explain that you would like to remain silent.
- Although you have not been arrested, you can still refrain from saying anything that could be self-incriminating.
- Do not be hostile or disrespectful, simply explain that you would like to exercise your rights.
Charlotte’s top Family Law
Attorneys
When it comes to family law, the legal process can seem intimidating
and overwhelming. The outcome of your case will have a significant effect on
the rest of your life. You need a lawyer who takes this seriously, and who will
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them today to speak to a lawyer that has decades of experience, and who
understands how the DUI/DWI laws apply to your specific situation.
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