Okay, to get you off the hook, there’s no magic solution. Yet there’s a lot that can go wrong no matter whether you’re guilty of something.
When you see a police patrol car’s red and blue lights flashing in your rear view mirro,r you might know you need to pull over. Yet do you know your own rights as someone who has been pulled over under suspension (DUI) for suspicion of driving? The information you have now will support you tomorrow in such a situation and make it far less difficult to defend your inalienable rights.
Okay, to get you off the hook, there’s no magic solution. Yet there’s a lot that can go wrong no matter whether you’re guilty of something. We’ll tell you how to negotiate a traffic stop’s muddy waters while staying fully within your rights. Note, it can be frustrating because all interested parties want a traffic stop to go fast and smoothly. Below are your privileges when you’re pulled over, plus a few tips on how to make such encounters as painless as you can. [Editor’s note: this article is written with Australian law in mind.]
- Be ready
We might just as well start from the bottom. Turn your turn signal on as soon as you see the police car’s lights in your mirror and easily and safely come to a stop on the shoulder. Seek to pull off the road as far as possible, giving the officer plenty of secure room to walk. Roll down your window once your car’s in park. Switch off your radio and switch on the dome light of your car if it is dark out. If you can demonstrate to the officer that you are willing to help before they even get out of the car; if they feel especially generous, it could work in your favor.
- Reasonable suspicion
So, the officer’s out of their vehicle and walking up to your window. The officer wants a justification to pull you over, but the responsibility might be a little lighter. That is defined as fair suspicion, and it can be about anything, including the exiting, or speeding, or a license plate sign. If the officer doesn’t tell you why they were pulling you over, don’t be afraid to inquire.
- You don’t have to say much
“You have the proper right to stay silent” could be the primary thing you hear when you’re charged, but that right doesn’t just kick in when you’ve a pair of slapped cuffs on you. When you’re in a regular traffic stop, you’ll need to have your passport, registration, insurance evidence and in some countries answer some simple identification questions if you’re asked. When the officer requests these papers, seek permission to access them and state where they are at. This will help the officer feel confident with what you want to do with your hands
4. You can refuse a breathalyzer test
Each one is a sword with double decoration. When you are asked to agree to a breathalyzer check, note that you are asked to do so, not ordered. Nevertheless, several states have implicit rules on consent, which implies you must automatically agree to the check as soon as you get your license. You could still be charged with a DUI and convicted if you refuse, depending on facts provided by arresting officers.
5. Know where you stand
Most officers tend to make traffic stops over as soon as possible. But, if you are in a situation where your papers have been returned but the officer still challenges you, you are well within your rights to say, “I need to be going. Am I free to go?” If the answer isn’t a clear “yes,” you can ask, “Am I being detained?” If you’re not allowed to leave, it’s time to stop talking and think about getting a lawyer.
6. Warrants and checkpoints are non-negotiable
If you are driving and arrive at a police checkpoint, you will stop and speak with the officers. There’s not a lot of wiggle room there, actually. So, in the event police have a search warrant for your vehicle, you need to let them search. However there’s a catch: When they’re searching for a specific object, they can only search for areas that fit that object. If police start searching outside of warrant parameters, they violate your rights.
If you’ve been arrested for a DUI in Brisbane, you should proceed with the aid of Brisbane Criminal Lawyers to protect your rights and driving privilege.