By Michael Schomp
1. Have official driving papers at the ready. Officers often request your proof of insurance, registration, and license. The police will judge closely every move you make. If you have these papers handy, you will fumble less evidently and the cops will have not as good of a case against you. If you have been drinking, it is difficult to avoid arrest. Follow these steps to aid your defense and diminish the severity of later penalties.
2. If the cops propose questions, do not answer them. Having a lawyer when you answer the questions asked by the police is a lot more beneficial than trying to answer them on your own. What you say will most likely be used as evidence against you in court. These questions will be more easily answer at a later date. No rule says you have to respond to these interrogations without a lawyer with you or at the same time that they question you. Instead, answer through relating something like, "I have been told not to answer the questions that you proposed."
3. Refuse to take a field sobriety test. Many do not realize that you also do not need to participate in the sobriety tests administered by the cops. These tests include the walk-and-turn test, one leg stand test, and the horizontal gaze nystagmus test. They can only harm you later in trial. The only problem with not taking the tests is that you will go to jail; however, this is worth it because of the benefit of not having this evidence against you in court.
4. Do not agree to the breathalyzer test. This only applies to those over 21 years of age. If you are under 21 you must take the test. These tests are notoriously unreliable and can only harm your case. When it is an option, a blood test is a much better option. This test is technically called the Preliminary Alcohol Screener and is a hand-held breathalyzer that officers carry at the scene. If you end up taking one of these tests, there is almost no hope to avoid arrest.
5. Use your alotted phone calls to your advantage. Call a friend and speak clearly and enunciate properly. This will show the officers that may be present how coherent you are. You also now have a witness to your speaking ability and your friend can testify to your advantage. Calling your voicemail is also a good use of a phone call as you can use the voicemail you left in court to prove to the judge that you were in fact coherent and able to speak without slurring your words.
2. If the cops propose questions, do not answer them. Having a lawyer when you answer the questions asked by the police is a lot more beneficial than trying to answer them on your own. What you say will most likely be used as evidence against you in court. These questions will be more easily answer at a later date. No rule says you have to respond to these interrogations without a lawyer with you or at the same time that they question you. Instead, answer through relating something like, "I have been told not to answer the questions that you proposed."
3. Refuse to take a field sobriety test. Many do not realize that you also do not need to participate in the sobriety tests administered by the cops. These tests include the walk-and-turn test, one leg stand test, and the horizontal gaze nystagmus test. They can only harm you later in trial. The only problem with not taking the tests is that you will go to jail; however, this is worth it because of the benefit of not having this evidence against you in court.
4. Do not agree to the breathalyzer test. This only applies to those over 21 years of age. If you are under 21 you must take the test. These tests are notoriously unreliable and can only harm your case. When it is an option, a blood test is a much better option. This test is technically called the Preliminary Alcohol Screener and is a hand-held breathalyzer that officers carry at the scene. If you end up taking one of these tests, there is almost no hope to avoid arrest.
5. Use your alotted phone calls to your advantage. Call a friend and speak clearly and enunciate properly. This will show the officers that may be present how coherent you are. You also now have a witness to your speaking ability and your friend can testify to your advantage. Calling your voicemail is also a good use of a phone call as you can use the voicemail you left in court to prove to the judge that you were in fact coherent and able to speak without slurring your words.
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