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Category: 4 Simple Rules Explained

Remember the 4 Rules If You Are Pulled Over

Tuesday, 20 November, 2012 14:35
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With the upcoming holidays, law enforcement will be out in full force, stopping people for suspected DUI.  Just recently, a local news anchor, Amanda Davis of Fox 5 News, was arrested after a wrong-way crash and charged with driving under the influence, reckless driving, and failure to maintain lane.

what to do if pulled over by police for drinking and driving

When Davis was asked by the officer if she had been drinking, she said yes – not following rule number 1 of the 4 simple rules to remember when stopped by the police.  However, she did refuse a breathalyzer test and field sobriety test.   As you may have seen in previous blogs or on a MRGADUI koozie, I want to remind everyone of the 4 simple rules:

  1. Never admit to drinking or anything else. This does not mean deny drinking, it means do NOT admit or deny drinking or anything else. You do not have to provide any evidence that may incriminate you.
  2. Do not submit to any roadside field sobriety evaluations.  Roadside tests are voluntary and can include an eye test, walking a straight line, standing on one leg, ABCs, and/or a portable breath test.
  3. Do not take any state tests after your arrest if you believe you might be over the legal limit of .08 limit.
  4. If you are under 21 and receive a traffic ticket, call me! Since many traffic violations in addition to DUI can result in license suspension for underage drivers, it’s best to contact me to see whether your license is subject to suspension.

 

* The above information is intended to help educate members of the Georgia motoring public as to their rights under the law and to assist presumptively innocent citizens in properly asserting those rights. Information within this site should not be misconstrued as legal advice.

Contact me if you need DUI help or have questions about another traffic offense.  Don’t forget to connect with me on Facebook, Twitter, and Google+ for the latest information about traffic issues and driver’s rights.

4 Simple Rules Explained: Rule 4

Friday, 25 May, 2012 09:53
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Rule 4:  Hire a traffic attorney if you’re under the age of 21 and get any tickets.

Why should I hire an attorney for a traffic offense if under 21?

When you are under the age of 21, there are certain types of traffic offenses which will result in automatic license suspension.  Rather than simply paying the ticket (meaning you are admitting guilt)and later learning that your license is suspended, consult a traffic attorney experienced in dealing with teenage driver infractions so that you’re fully aware of the possible plea consequences.

There are several ways in which the license of a teenage driver can be suspended:

  1. Any offense carrying 4 or more points; (this includes speeding 24 miles over the speed limit, passing a school bus, passing on a hill or curve, reckless driving, or aggressive driving)
  2. Hit and run or leaving the scene of accident
  3. Racing
  4. Fleeing and eluding a police officer
  5. Purchasing alcohol
  6. Using a fake ID to purchase alcohol
  7. Arrested for DUI
  8. Illegal drug possession

There ARE ways of keeping your license from being suspended if you are charged with any of the above offenses, but you need the advice of a qualified traffic lawyer to help you!  Practicing law for 32 years, I have handled 1000s of such cases.   Unless your driving record is horrific, I can normally get something worked out on your case to keep your license.

While I am able to go back and reopen your case AFTER conviction many times, it is far easier to hire me to represent for these charges BEFORE you go to court.

To schedule a consultation with me, contact my office.  You can also join me on Facebook, Google +, and Twitter for the latest teenage driver defense news.

4 Simple Rules Explained: Rule 3

Thursday, 10 November, 2011 12:59
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The 3rd Simple rule is not so simple.  Should you take the State blood, breath, or urine test after you are arrested for DUI?

The answer is: it depends.

Under Georgia’s Implied Consent law, once you are arrested for DUI, you must submit to the officer’s request for a test of your blood, breath, urine,  or other bodily substance.  If you don’t, you face having your license suspended for a year with no work or school permit available.  After you submit to the officer’s test(s), you are then entitled to independent tests of your blood, breath, urine or other bodily substance.

Learn more ...

4 Simple Rules Explained: Rule 2

Tuesday, 16 August, 2011 08:49
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Rule 2 is: DON’T SUBMIT TO ANY ROADSIDE FIELD SOBRIETY TESTS

Once the officer has asked you to step out of your car, he is going to then ask if you would mind doing some “field sobriety tests.” Sometimes the officer will phrase it this way: “Do you mind taking some roadside evaluations to make sure you are ok to drive?”

My experience is that MOST people agree to take the roadside evaluations because they believe that by

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4 Simple Rules Explained: Rule 1

Monday, 08 August, 2011 11:18
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If you have my card or one of my koozies, you have heard about My 4 Simple Rules if Stopped by the Police. The four simple rules come with a disclaimer that tells you to go to my website for more specific information. The reason, of course, is that nothing is ever simple when it comes to dealing with police traffic stops. Here I’ll explain the reasons behind the rules.

Rule 1: Never admit to drinking (or anything else).

The first thought you should always have when encountering a police stop is, “The police officer is an agent of the government; he has the ability to cause my loss of freedom and loss of drivers license.” When a police officer stops you, they so because they believe you have violated a traffic offense. From the very start, their minds are focused on gathering evidence which they can use against you to convict you of whatever crime they believe you committed.  Your focus from the start should be NOT to provide the officer with evidence that you do NOT legally have to provide!

What do you have to provide if stopped by the police?

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Disclaimer

The above information is intended to help educate members of the Georgia motoring public as to their rights under the law and to assist presumptively innocent citizens in properly asserting those rights. Information within this site should not be misconstrued as legal advice.