It is a safe assumption that everyone can think of one person who was involved in a traffic stop. The scenario is played out in real life and on television every day. An individual is driving down the road and suddenly the blue and red lights are flashing. The vehicle comes to a stop. Now what happens?
There is no clear cut set of reasons for an OVI or DUI traffic stop. There are some misconceptions that a stop can only occur if a moving violation has been committed. A vehicle can be stopped for any traffic or equipment violation. Marked lanes violations, speeding, running a red light, having only one headlight, and/or having no front license plate are all reasons to initiate a traffic stop. A vehicle stop can occur in a parking lot or on private property. The victim of an auto accident may be charged with OVI or DUI if the Officer suspects alcohol or drug consumption even though the individual did not cause the accident.
Once stopped, an Officer will approach the vehicle and ask for a combination of documents, including a driver’s license, insurance card, and proof of registration for the vehicle. If you do not have a license on you, the Officer will ask for a few identifying pieces of information (name, date of birth, social security number) to locate more descriptive information about you in a computer database. While obtaining these documents or information, the Officer is checking for signs of intoxication or impairment. For example, the Officer is checking for slurred speech, bloodshot eyes, an odor of an alcoholic beverage, and problems locating or holding the requested documents. It is wise to have the documents in your hand before the Officer approaches the vehicle. This eliminates the possibility of an Officer watching you fumble or drop the documents in your vehicle. Do not answer questions regarding the consumption of alcohol and/or drugs. Ask to speak to an attorney before you say or do anything.
The Officer will likely provide a short explanation of the reason for the traffic stop. He or she will ask if you have been drinking and what kind and quantity of alcohol was consumed. The Officer will ask you to step out of the vehicle and submit to a series of Field Sobriety Tests. More likely than not, the Officer has already made a determination regarding a pending arrest no matter how well or poorly you perform on these tests. Your performance on the Field Sobriety Tests only provides the government additional information and evidence to use against you in Court. Given that these tests are voluntary, politely refuse to submit to all tests and ask to speak to an attorney. The attorneys at The Law Office of Steven R. Adams will defend your decision to refuse and explain away any concerns regarding your sobriety during the traffic stop.
