Thursday, March 03, 2005

Advice from Scarlett D ~

First- I got the nickname from a girlfriend from the result of a DUI I had gotten.
But anyway I had a pretty good day yesterday. Except I had to go to court for my DUI that I got last month. I got there with my lawyer and the prosecutor still had no file on me. Weird. This happened at my arraignment. This might work in my favor. I pray.
My lawyer finally got my police report. He did update me on some very important things to know if you do ever get pulled over and you have been drinking.
1) If the officer asks if you have been drinking, you do not have to answer this question. You simply reply to the officer by saying, "Out of respect officer, I would like to not answer that question."
2) If the officer asks if you would do a voluntary field sobriety test? You again do not have to do this. You simply say " Out of respect officer, I would like to not take the test."
3) If the officer asks if you would take a breathilizer at the location where you got pulled over, you do not have to do so, even if you know he smells it, or if you act like you have been drinking, you simply say, "Out of respect officer, I choose to not do the breathilizer."
The reason why the responses are similar is you want to keep the respect to the officer. And if you do reply with such answers as I stated, at that point they have no probably cause and by having no probable cause you will usually be let go at the scene. That of course if you aren't falling down, vomiting, etc. You know what I mean *wink*
Ok, well I didn't do this nor did I know this info. I felt as if I would be lying and hiding something which would make me look even more suspicious. Not the case, these questions are asked to make you feel as if you need to do them. They are more asked to psychologically feel obligated to do so. And as you know Officer's can be very intimidating and that is when the answers to thier questions start flowing. I of course, spilled my secrets, told them I have been drinking, I told them that I would do the field test, and I also did the breathilizer at the scene. Stupid me, now they had definite probable cause on me. DUH!
Oh another note, if you refuse the breathilizer when you go back to the station, and you fail, your license will be suspended for 1 to 3 years. So don't refuse after you have been in custody.
Very Bad idea.
I hope I helped out my fellow drinking buddies. Good Luck!

1 Comments:

Anonymous Anonymous said...

Honey, I am so sorry you are having to go through this. Good advice for the rest of us though. I hope that file of yours never shows up. Could be a good thing.

6:28 PM  

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