Thursday, November 19, 2009
Before 1968 the idea that law enforcement officers could stop a vehicle without cause was beyond belief. After all the U.S. Constitution 4th Amendment guarantees security in our person, houses, papers and effects from unreasonable search and only upon probable cause set forth under oath for a warrant could we be disturbed in our happiness which was also guaranteed. 1968 changed all that in the case Terry v. Ohio when the Supreme Court gave the go-ahead to law enforcement to stop vehicles for reasonable suspicion [I have posted a link to a discussion of the case to the right]. Today 4th amendment guarantees are a joke: perhaps the times support suspension of our right to happiness and freedom ~ I will leave that to the pundits. I have said the foregoing as a preface to this and this is not my specific advice to you but my general opinion `FOR ADVICE AND COUNSEL CALL ME OR ANOTHER DUI LAWYER AND DISCUSS ANY QUESTIONS YOU HAVE IN A FACE TO FACE MEETING WITH ME, HIM OR HER: If I am ever stopped by law enforcement I will be polite but refuse to answer any question or perform any test. I will politely present my driver's license and proof of insurance in silence when asked. I will state to him/her that I understand that I am not in custody and therefore I will not answer and questions or volunteer any information. I will specifically refuse to take any voluntary roadside "tests" of any kind or nature. I will ask that my driver's license and proof of insurance be returned to me. I will state that I assume I am free to leave unless the officer responds to that statement that I am in custody and if the officer states that I am in custody I will invoke my right to remain silent and that includes my right not to do any roadside field sobriety test. Until the officer reads the Georgia Implied Consent card. After he or she has read the Implied Consent Card to me, I will consent to taking an alcohol level test or I know that I risk loosing my driver's license and driving privileges for up to a year. This is also important: If read the CARD I will VERBALLY INSIST ON A BLOOD LEVEL TEST in front of his/her patrol car video and state that I do not trust the Intoxilyzer 5000 because it is a secret machine and secretly maintained. If I decide to take the test the officer chooses [AND THAT WILL ALMOST ALWAYS BE THE INTOXILYZER 5000] I will insist that I be taken to a private medical facility and at my own expense take a blood test. AT NO TIME WILL I EVER CONSENT TO A SEARCH OF MY PERSON, MY VEHICLE OR MY PROPERTY.