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"DID
YOU REALLY SAY THAT?"
 I
was recently minding my own business one evening at a Suwanee
restaurant, when one of Suwanee's finest approached and asked
that I step outside to talk. Being the accommodating sort,
I gladly left my friends and spoke to the officer; it seems
he was upset with me because of a recent speech I gave to
a senior class at Peachtree Ridge High School. After answering
the usual questions about income and the type of car I drove,
these students asked my advice on what they should do if stopped
by the cops. My advice was plain and simple: Give the officer
your license, then do nothing else; do not admit anything
nor agree to do field sobriety tests or breath tests nor consent
to a search of the car.
Of course I also told these students not to drink alcohol,
and not to drink and drive; the officer was upset because
in effect he thought I was somehow encouraging these students
to break the law; quite the contrary, I told them to obey
the law, both in regards to not drinking and in regards
to what they legally could do when stopped by the police;
Why was the cop upset? Because, in my experience, the local
police no longer treat teens(nor adults for that matter)
the same way as before MADD's war on DUIs; Citizens are
indeed the enemy no matter whether they really are impaired
or not; Citizens are not informed that the roadside tests
are voluntary; and requests to search cars are often made
without any reason to believe that alcohol or drugs are
in the car. In fact, officers now are specifically seeking
evidence to use AGAINST a person; the questions asked are
not out of any disposition towards friendliness.
I just finished a DUI in Forsyth County where video revealed
my client to be sober; yet because he admitted to drinking
a beer after work and his jeep weaved a couple of times,
the officer arrested my client for DUI; the prosecutor agreed
to dismiss the DUI after looking at video. The officer had
been indoctrinated to believe that the smell of alcohol
with driving was indeed a DUI, which of course it is NOT!
So,
again, here is my advice to you if you are stopped by the
police:
- Give
the officer your license; if he asks you to step out and
perform some field tests, politely decline; also politely
decline any breath test on the side of the road.
- If
arrested for DUI, do you take the state breath , blood or
urine test?
-
If you are OVER 21 and have not been convicted of a
dui in 5 years, agree to take the state test and ask
for an INDEPENDENT BREATH TEST;
-
IF YOU ARE UNDER 21 OR have a DUI conviction in the
past 5 years, refuse to take any tests at all!
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TEEN
DRIVER'S CHECK LIST
- 16-17
yr. olds: Class D license; first 6 months: Cannot drive
car with passengers other than immediate relative; after
6 months, cannot have more than 3 passengers who are not
immediate relatives; curfew is from midnight until 6 a.m.;
license is suspended for 6 months if they accumulate 4 or
more points in a 12 month period;
- 18-20
yr. olds: Class C license; License suspended on any
violation that carries 4 or more points, as well as other
suspendable offenses like DUI, Racing, Hit and Run, etc.
- Licenses
can also be suspended for certain school violations and
for absence from school.
- 4. No
school or work permits available for 16-20 yr olds. Parents,
remember that people under 21 are treated differently
2003
RECORD: 57 Wins, 1 Guilty Verdict, 21 Guilty Pleas
WHAT DO I DO IF STOPPED BY THE POLICE??
For the answer, see my page on "your
legal rights" and print out
a copy to keep in your car!
Practice dedicated exclusively to defense of those accused
of DUI, serious traffic offenses, drug offenses.
770-923-4948
mickeygroberts@aol.com
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