What Happens After Someone Has Submitted To The Tests?
First, I want to educate them about what they should have done, because I want them to understand how to handle themselves should it happen again. The little old joke I tell people is if you get busted for a DUI, the odds of you getting busted again are about eight to one in your favor that it will not happen, but if you hire me, it is about a three to one chance, because they get a lot of repeat business, and that is true. Most people come here and having no clue, even though they are Americans and we all value the constitution, they have no idea of what their rights are. People think they have rights they do not have and think they do not have rights that they do have. It is not a good situation.
We have citizens out there who do not understand their rights and obligations of being an American citizen. Most people come in having made every mistake in the world. The first thing I do is educate them, so that if god forbids it happens again, they will at least have enough knowledge to deal with the situation appropriately. When they come in, what you have to do then is look at this evidence and try to take it apart and neutralize it. At the probable cause stage, police are trained to attribute any sign of impairment to alcohol or drugs.
Any unsteadiness in the walk, bloodshot watery eyes and slurred speech or however they want to call it, any impairment from those drugs, if you deviate from performing the balance test perfectly, they will attribute that impairment to alcohol or drugs. The fact of the matter is that impairment comes from many ordinary everyday sources that affect most people. Things like being nervous tired or distracted. Some people have old injuries or maybe they are overweight, or maybe they are just cultists. A lot of the words cops use to describe are everyday characteristics like slurred speech, red and watery eyes, slouching, they are all judgmental words used by police officers.
When you take those words apart and show them what they really are, you can neutralize that to a very large degree. The problem is at the probable cause stage, if they can be plausibly related to alcohol or a drug that justifies the arrest. But at the trial stage, if the other explanations from impairment still have some validity, that is what we call a reasonable doubt. The unfortunate thing is it does cost people a lot of money for a lawyer to help a judge or a jury see that reasonable doubt. That is why it is always best to implement the advice about silence. The most critical stage which is also the most difficult stage, remember it is just you and the cop and even though you may want to talk to a lawyer and tell the cop you want to talk to a lawyer, they are not going to let you talk to a lawyer.
You have to understand your rights and use them. Silence and attorney are the two most important words that a person should have in their heads. When I get pulled over and the cop asks questions, you say, “I have nothing to say about that”. If the officer persists because you are throwing him off balance and he is frustrated, you follow it up by saying, “Look officer, I don’t want to answer that question and I want to call my lawyer”.
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