WHAT DO YOU DO IF YOU ARE CONFRONTED AND DETAINED BY THE POLICE IN A DUI/DWI OR OTHER SITUATION??
First, there are a number of reasons a police officer may stop, approach or search you:
- You have broken a law and/or violated a traffic regulation such as a possible DWI/DUI
- You fit the the description of the perpetrator of a crime in the area
- You need assistance, or are a potential witness.
Note, regardless of why you are stopped, your response can greatly affect what happens next. In this situation, YOU MUST TAKE ACTION TO PROTECT YOUR RIGHTS!! THESE ARE BASIC TIPS ON HOW TO DO THIS:
PESCATORELAW TIP 1- Do not agree to searches. In general, the law prevents the police from searching you or your property without a warrant. While some exceptions permit warrant-less searches (such as the police obtaining consent from you) there are frequently no legal grounds for a search. You must refuse to agree to a search and instead ask for time to consult with a drunk driving attorney.
PESCATORELAW TIP 2 – Do not waive your legal rights. The Constitution guarantees certain legal protections if you are arrested as a possible DUI/DWI offender – Ask for an attorney and say you will not talk until you have had the chance to consult with an attorney, and do not sign any papers waiving your rights, in particular your Miranda warnings (You have the right to remain silent, You have the right to an attorney, etc.). The best “rule of thumb” is to remain silent and repeatedly demand your attorney…
PESCATORELAW TIP 3 – Cooperate. The police have a right to ask for identification (plus registration and proof of insurance if you are operating a vehicle). They may also ask general questions about where you have been and where you are going. It is in your best interests to cooperate courteously with the police unless your answers will implicate you in an alleged crime.
PESCATORELAW TIP 4 – Refrain. Do not volunteer any information but be polite and respectful. This is because anything you say that may seem completely innocent to you may seem incriminating to the police, and can cause an officer to detain you. Also, keep in mind that all statements you make can be used against you….
There are also certain things that the police view as threatening, therefore you should refrain from making sudden moves, hiding your hands, showing hostility, getting out of your vehicle (if applicable) or exhibiting suspicious body language.
PESCATORELAW TIP 5 – Don’t be fooled. Keep in mind the police may try to trick or intimidate you into “voluntarily” giving them information at the time of the stop or detainment, so that there is a greater possibility that it will be admissible in a court of law. Do not be fooled by their actions, don’t speak or consent to anything – and follow Tips 1 through 4 above!!
IT IS IMPORTANT TO HIRE AN EXPERIENCED AND KNOWLEDGEABLE LAWYER IF YOU ARE ARRESTED FOR DUI OR ANY CRIMINAL OFFENSES IN OCEAN COUNTY OR ELSEWHERE….
Why fight for your rights?
A good defense attorney can often help you avoid a prison sentence. Depending on the charges, and if you have a “clean” record, you can fight for a “diversionary program.” These programs are run by law enforcement, and offer a better choice for offenders through alternative activities like education, restitution and community service. When a diversion program is not an option, a good lawyer can explore any possibility of getting charges reduced by negotiating plea bargains or using other techniques. There is also the possibility of expungement, and having the charges removed from your file.
Contact Michael L. Pescatore today!!
If you need an aggressive and professional attorney, please call (973) 704-7376 for a free consultation as to any traffic or criminal offenses such as DUI/DWI.
24/7 in New Jersey (973) 704-7376