When most people get pulled over for the first time on suspicion of operating while under the influence of alcohol, or OUI they have no idea what to do. As a result, their actions can really put them in a bad situation when they go to court. Law enforcement is now more aggressive than ever patrolling the streets, and looking for drivers suspicious of OUI. Obviously the best thing to do is not to drink before you drive, or to have a designated driver. However, if you do find yourself in a vulnerable position, here are a few suggestions to best protect yourself.
Be kind, courteous and don’t say stupid things. It seems obvious, but I have seen so many of these cases in which people are rude or say stupid things. The officer will put all of your statements in his or her report, so be careful. Follow the officer’s instructions, and hand over your license and registration upon request. This isn’t a time to start telling the officer about the people you know, or to yell at the officer. OUI laws are much tougher now. Telling the police officer that you know someone that is a policeman, elected official, or any other person you may think is influential or famous will do you no good. If you start yelling at the police officer, it will just lead to you being arrested quicker.
Refuse to take the field sobriety tests. I get this question quite often. Unless you absolutely sure that you can pass them, don’t take field sobriety tests. It is your right not to take field sobriety tests, even though police officers don’t have to tell you that. Once again be courteous and tell the police officer “no thank you, I am all set”. If you refuse the field sobriety tests, there is a good chance that you will be arrested. However, if you don’t meet the officer’s expectations in the test you will be arrested anyway. The prosecutor cannot mention that you refused to take the field sobriety tests at trial.
Don’t take a breathalyzer. It is becoming increasingly difficult to suppress the breathalyzer at trial. The breathalyzer is a strong piece of evidence at trial, and it is important that you don’t take the breath test. If you refuse the breathalyzer your license will be suspended. The length of the suspension depends on your record. If it is your first time, then your license will be suspended for 180 days. It is a long time to have your license suspended, but it is worth keeping out a strong piece of evidence. The prosecutor cannot mention that you refused to take a breathalyzer at trial.
Call a lawyer. Make sure the lawyer that you hire is a good trial attorney. You want an attorney who knows how to try cases, and is willing to try them. You don’t want an attorney to push you into pleading guilty to the charges just because the attorney is afraid of a trial.
The law on OUI-http://www.lawlib.state.ma.us/drunk.html
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment