Driving Under the Influence (DUI / DWI) cases are nuanced and complex. There are specific protocols and procedures that police officers must follow, and there are Constitutional requirements to initiating a traffic stop and arresting someone. Our experienced criminal defense attorneys are also former prosecutors who have significant experience with DUI cases---ranging from straightforward stops to aggravated manslaughter cases. We handle DUI cases involving not only alcohol, but also narcotics as well as marijuana--particularly as it becomes legalized.

 

When you hire an attorney, we are examining and reviewing every aspect of your case with a fine tooth and comb to see if everything the police did was lawful, and if not what defenses can be raised to fight on your behalf. This includes thoroughly reviewing the police reports, the body worn camera (BWC) footage of the officers, and even the scientific data of the breath tests. You will have the assurances that no stone is left unturned in a DUI case, particularly when the implacts of a conviction or loss of license can be so great.  If you are in the military, have a secret clearance, are subject to immigration proceedings, or any other special circumstance--rest assured that this will be taken into consideration when discussing your case.

Even if it you are not being investigated for a DUI, no matter how long you have been driving, being stopped by a police officer is a stressful situation.  The following are some basic guidelines to assist you in the event you are pulled over.

Whenever you see lights or hear sirens behind you, you should immediately slow down, signal, and pull over as soon as you can do so safely.  Keep your hands in plain view and do not attempt to get your registration or identification at this point.  Instead, wait until the officer approaches the car and engages you.  Upon request, you must provide your driver’s license and registration.  You may also be asked to provide proof of insurance.

You should be polite and cooperative with the officer and you should never argue or become confrontational and should never lie or attempt to mislead the officer as that can only get you into more trouble.  In fact, other than providing your basic identifying information, you have the absolute right to refuse to speak to the officer and to answer questions.  You also have the absolute right to decline a request to search your vehicle.  You should politely refuse to answer any questions beyond your name and other basic information and never agree to a search of your car.  There are many, many cases, where people are charged and convicted almost entirely because of statements they made to the police and searches to which they should have never consented.

In most cases, traffic stops simply result in a summons.  Once the officer verifies your information and you sign the summons, you will be released.  You should never refuse to sign a summons.  Signing a summons is not an admission of guilt, it is simply a promise to appear in court to answer the summons.  If you refuse to sign, the officer will have no choice but to arrest you.  If you are taken into custody, you should continue to assert your right to remain silent.  If officers attempt to question you, you should tell them that you wish to speak to an attorney.  At that point, all attempts at questioning must cease.

Whether you are immediately released on a summons for a relatively minor offense or you are arrested on a more serious charge such as a DUI, you should contact an attorney as soon as possible.  An experienced criminal attorney is essential to assist you in evaluating the seriousness of your charge.  The attorney should discuss what options you have going forward and can advise you on what steps you will need to take to ensure the best possible result in court.  Even if you think that the charge is no big deal, you should still seek the counsel of an attorney.  Every case is different and an attorney can advise about other consequences you may not have considered.  For example, convictions can result in license suspensions, can jeopardize security clearances, and can hinder your ability to maintain your employment.  If you are not a citizen, there is also the very real possibility that a conviction could adversely affect your immigration status.

Ultimately, you may not get out of the ticket, but taking these steps can help to minimize the adverse consequences of a traffic stop.

If you or someone you know is facing a traffic charge, please call our office  at (757) 466-0750 or e-mail office@zobybroccoletti.com to schedule a consultation.