any driver who is stopped by a law enforcement officer and found to have a breath or blood alcohol This is a topic that many people are looking for. star-trek-voyager.net is a channel providing useful information about learning, life, digital marketing and online courses …. it will help you have an overview and solid multi-faceted knowledge . Today, star-trek-voyager.net would like to introduce to you What do I do when I am pulled over for a PA DUI?. Following along are instructions in the video below:
Youre a motorist in the state of pennsylvania. This video may be the most most important video youll ever see with the holidays quickly approaching pennsylvania state police local police are busy planning more and more dui roadblocks and dui focus saturation patrols even if youre completely innocent. You will likely be stopped as a result of one of them okay.
Heres the truth that no one will tell you about me. If youre stopped by the police at night and if they even think you are drunk or they think that you may smell of alcohol. Youre gonna be arrested no matter what you say or do or what the evidence is youre gonna be arrested thats a shame so what can you do about it and why does it happen.
Most police officers adopt a quote better safe than sorry approach because if they are wrong and they turn out not to arrest someone who later turns out to be drunk. And that person hurts property or people or kill. Someone then they will be fired and the municipality or state will be sued.
So the bad news is if you hear those words have you been drinking or how much have you had to drink or please step out of the car. Now sir youre going to be arrested no matter. What you do theres nothing you can do about it other than try and protect yourself from a false conviction after this false accusation.
Thats why i put together a short and handy guide of what you should do if youre ever pulled over by the police for dui in pennsylvania. Number one shut up. Its just that simple no one can talk their way out of a dui.
So dont even try you can only hurt yourself by talking dont admit to drinking any amount of alcohol or saying anything and most especially dont lie dont say i had a few or i had to just politely say to the officer officer. I choose to remain silent provide the necessary documents and remain silent. Talking will only give the officer.
More evidence to use against you staying silent is the best thing can do for yourself. And it is your right our number two tip is to refuse the roadside dui tests. There are two types of tests.
The officer may ask you to perform at roadside first are the awkward and high pressure and truly purposeless game of simon says such as the alphabet test or the finger count test.
And then there in the standardized field sobriety test for two are equally worthless or the sf sts with the fs sts. You will be told to follow the officers finger called the horizontal gaze nystagmus fetch which is inadmissible totally in pennsylvania. Yet police all across the state continue to conduct it for some unknown reason the walk a straight line test.
Which is formally called the walk and turn test. And the stand on one leg. While counting out.
Loud test called the one leg. Stand. These tests are not scientifically valid and are designed for failure.
Furthermore police officers incorrectly administered these dui tests leading to many false arrests and false positives once again this can only be used as evidence against you and will not help you in any way shape or form these tests are totally optional and your best bet is to politely refuse you will not be penalized for not doing them in fact by not playing the high pressure meaningless game of simon says at roadside you will provide the officer with less data to justify his reason to arrest you less data and information means that their justification and arresting. You is weaker and in fact they may have no justified reason at all it may result in there being insufficient evidence to justify your arrest and therefore suppressing all the after acquired evidence causing your arrest in your case to be dismissed. The other tests that the police may ask you to perform is called a portable breath test or pbt you may think to yourself that these tests are accurate and valid you may even think that because in truth.
You only had one beer or one drink that you could not possibly be over the limit. And you would be dead wrong. These handheld pbt s.
Are not precise and create false positives. All the time once again this pbt test is voluntary youre not required to do a pbt test. If you do not perform up to pbt test.
Upon requested roadside. You cannot be charged with a refusal for it. And the jury will not even hear about the refusal to do it either in fact you should not do it at all as these things are not specific to alcohol and theyre not accurate you are voluntarily providing the police with more evidence against you to do so does not make sense since youre a hundred percent innocent these tests are optional and you should politely refuse number three request an independent blood test.
If the police take you into the station for a full evidentiary breath test or the booking center.
A hospital for a blood test you have the right to request an independent blood test. They will tell you that and that you have that right to an independent test. But you do you simply tell them that you want them to follow law in section 15.
47 of the vehicle code. We find the following language in subsection h. Test by personal physician.
The person tested shall be permitted to have a physician of his own choosing administer an additional breath blood or urine chemical test. And the result of these tests. Shall also be admissible in evidence so in other words.
You have no fear requesting that and because any unreasonable delay in your release could frustrate your ability to get this second test. And cause. The original police generated test to be suppressed and dont worry about it.
If youre in fact over the limit as the police will likely delay and not give you the opportunity to perform the second test. Anyway also you have to remember that the dui crime labs. That the police use are often overworked and underpaid and at times.
Do not follow proper standards. Very few attorneys check their work. We always do we frequently find errors that lead to challenge of the validity of the test.
Result the risk of false positive from lab. Error is high and you can read more about it on our various blogs. Number four write things down another important piece of advice is to write things down try to establish what we call a drinking history by back in getting witnesses.
Names and addresses.
So we can later go back with our investigator to try and make a true pharmacological history. People forget things and writing things down will help preserve the details. Remember details provide for truth truth wins cases details win cases the important thing to take note of is who can confirm how little you had to drink and over what period of time.
As well as your stomach contents. I mean what you had to eat with this and other information. We can gather we can construct your true blood alcohol content.
And what it should have been at the time of driving or the time of the test to refute. The states evidence in addition. We want to talk to everyone who saw you so we can present witnesses that refute.
The officers claim that you appear drunk and instead that you are in charge of your full faculties that you made sense and that you werent stumbling when they last saw you finally we want to interview. Any passengers in your car and those who did not stop you from driving so we can gain their estimation from those who know you better than the police officer who met you for the first time at roadside and know you better in that context overall. Whether or not youre capable of safe driving.
And how they thought that you are fine to drive. And that they care about you and others and would not possibly let you leave and drive a car if they thought you were drunk number 5 call a qualified pennsylvania dui attorney immediately the best way to help yourself is to call a qualified pennsylvania dui attorney immediately we have a 24 hour dui helpline at one eight six six. Mcshane as mentioned before details win cases.
The earlier you get us involved the better. We can prepare your case. There are also time sensitive steps that need to be completed early on for example.
If your case involves a dui refusal. You must appeal within 30 days or else your license suspension will stand you will also want to consult a qualified attorney for your preliminary hearing. The preliminary hearing is the most important crucial legal step in the very beginning of your dui defense.
And you must i suggest have an attorney present to represent you for your case. .
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