What to do if stopped! Lincoln County Law

(3) Do not confess! The officer is going to ask you if you know why he pulled you over. It is in our natural psyche to want to 'confess' to some crime, even if it is a lesser version of what the officer is investigating. You do not need to guess at an answer for the officer. When you answer 'speeding' or my 'light was out', you have done two things: (a) you just confessed to an infraction which now will work against you, and (b) you just justified the officers probable cause to pull you over and conduct his investigation.

(4) When the officer asks you "Have you been drinking tonight?", do not confess. You can be arrested for DUI even if you are exhibiting the effects of Driving While Under the Influence and are below a .08 limit.

(5) Understand that the officer knows nothing when he approaches your window.

(6) The argument of "He never read me my Miranda Rights" is ineffective. Here is why. If the officer wants to ask you questions about a specific crime after an arrest, he needs to read you your Miranda Rights. But the officer can just be talking with you, not asking you questions, and your testimony is then considered 'voluntary' and outside the realm of Miranda as you are not under a custodial interrogation. At some point, when you are placed under arrest for DUI, you will be read your Miranda Rights. Do not waive them. When your Miranda Rights are read, you will be advised that you have the right to an attorney. If you haven't invoked your right to an attorney, invoke it now. You are entitled to an attorney, use your rights.

(7) Do not consent to a search of your vehicle. If the officers asks you if he may search your vehicle, you are allowed to say "No, you may not." There is nothing wrong with this.

(8) Determine if you can leave - You have the absolute right to leave the scene unless you are being detained under police custody or are under arrest. If you are not sure if you have the right to leave, you can ask "I have to be on my way, am I free to go?" If the officer says 'Yes', thank him and tell him to have a nice day. Leave immediately. If the officer's answer is ambiguous, you can ask the question again. If the officer says "No", then at that point you know to be quiet and remain silent.

(9) Do not lie - Police are trained to determine when people are lying. Despite your best belief that you are a great liar, you aren't. You have a tell, we all do. Police are trained to know when you are lying. So don't do it. If you can't tell the truth, then don't speak. You are not required to speak. A lie is only going to come back and haunt you later on. Just don't do it.

(10) Do not physically resist - Remaining silent is not a failure to cooperate and your silence cannot be used against you. This is your right under the 5th amendment. In fact, if you speak, you can immediately assume that anything you say will be used against you. If the police decide to detain, search, or arrest you, despite all of the above, do not physically resist. You need to always be polite and non-confrontational. This does not mean you should not be firm in the assertion of your rights. You can say something to the effect of "Officer, I am not resisting arrest and I do not consent to any searches."

REMEMBER: Every encounter with the police has the potential to ruin a life. Any involvement with the legal system is costly and burdensome to the individual. Not just directly in the forms of fines or jail, but indirectly with decreased earning capacity, family stress, time lost from your life, and obligations imposed by the Court which are difficult to comply with. When you are stopped by the police, a relatively simple infraction can lead to the utter destruction of your life. You are your own worst enemy when you are stopped. Don't help the police out by helping their case.

REMEMBER: The police have a very tough job. They expect the worst because that is what they are shown day in and day out. You don't need to reinforce their expectation of having another bad experience. They have a job to do and they do it every day. They aren't bad people and they are not the enemy. You don't need to be confrontational or impolite. That behavior will only come back and haunt you in the end. It is possible to be respectful to the officer and still say no to his requests.

REMEMBER: The best way to avoid getting stopped for DUI is simply not to drink and drive! If you have consumed any alcohol, then don't drive. Get a friend to drive you home or take a cab. It might cost you a hundred bucks for the lengthy cab ride, but it sure beats the $10,000 or more you will spend dealing with a DUI charge.