Zippity-Do-Da!

Word of advice, BE INNOCENT! The police are charged with the duties of protecting and serving the citizens of their jurisdiction. Since I would wager to say that most people are not regularly engaged in criminal activity, I would further wager that most people’s contact with the police is on the occasion of a traffic stop.

 I have represented people stopped for broken windshields, driving on the rims of their vehicles, improper turns, driving on the wrong side of the road, and not even driving at all. When the police pull you over for a valid reason, anything they find, and anything you say will be used against you in a court of law.

You are probably wondering about your constitutional rights. What if the officer did not read your rights to you when s/he pulled you over? You pretty much don’t have any until you are in custody.

Are you in custody when an officer pulls you over? No. Are you in custody when the officer asks have you been drinking? No. Are you in custody when the officer smells the odor of alcohol on your breath as you are being questioned? No. Are you in custody when you are asked to perform field sobriety tests? No. Are you in custody when you are asked to consent to a search of your vehicle? No. But by any of these actions, you are testifying against yourself.

That is where innocence comes in. If your brake light is out, fix it. If your windshield is cracked, replace it. If your tire is flat, call for road service. If you do not have a license, registration or proof of insurance, don’t drive. If you’ve had too much to drink, call Uber. If you are driving at night, make sure your lights are turned on.

So what if you get the ticket, or worse, you are charged with a crime? Have a lawyer who meets the legal needs of your family on retainer. Have that attorney’s contact information. Call for advice before you begin testifying.