Every motor vehicle stop
by a police officer involving a motorist is unique based on facts of the
case. This blog is not meant to give
specific legal advice to any motorist being pulled over by a police officer in New Jersey while driving his or her motor vehicle. However, these general guidelines and tips
might be helpful in most cases.
First, when you see or
hear a siren or overhead lights from a vehicle you must immediately safely pull-over
to the first safe shoulder to the right if possible. Remember, use your right turn blinkers and
come to an immediate stop. Pull over
close to the curb in a safe manner and remain in your vehicle.
Second, until approached
by the police officer it is best to keep your hands in plain view, and do not
stumble around for your driving credentials until after the officer approaches
and asks you to produce same.
Third, when the officer
approaches and asks you for your driving credentials, it is permissible to ask
why you are being pulled over. A police
officer must notify why he is doing so, however, if he refused to tell you, do
not push the issue and just give him your driver’s license, registration, and
insurance card. Also, be polite,
answering “yes sir”, or “no madam”. Even
if you suspect that you are being profiled do not say this, because it will
only make the officer take the offensive and start escalating the situation
which will not be in your favor.
Fourth, although not every
police department has motor vehicle recording tapes, or police body
microphones, treat each encounter with the officer as if they are wearing a
microphone and recording and videoing their encounter with you. All New Jersey State Police stops are audio
and video recorded with the trooper wearing a body microphone. In any event whether or not such devices are
being used politeness goes a long way.
If the officer is extremely nasty and aggressive you can bet he does not
have those devices on.
Fifth, if the officer asks
you whether you have had any alcoholic drinks before driving, you have no
obligation to answer such a question, since everyone has a fifth amendment
right to remain silent and that right is not eviscerated when you drive an
automobile. Keep in mind also that if
you admit to having anything to drink, even one beer you will be asked to
submit to psycho-physical field sobriety tests.
Likewise, you are under no obligation to tell him where you are coming
from, if he asks, which he will. You are
under no obligation to tell him were you are going. These are private confidential matters, and
nobody, nobody, has a right to evade your privacy. Of course, if you want to answer that is your
choice, but normally, depending on the situation, you might want to remain
silent and politely say, “Sorry but my privacy is important to me.”
Sixth, it is important
that when you retrieve your driving credentials that you do so quickly, easily,
without fumbling or dropping items on the floor. Such behavior on the part of the motorist
will be recorded by the officer as a sign of intoxication.
Seventh, if you are asked
to step outside the vehicle, do so without hesitation. However, if you are asked to perform any
psycho-physical field sobriety tests, you have to make the prudential judgment
as to whether you will perform such tests.
You have no obligation to comply.
If you are ill, injured, upset, confused, tried, you can refuse to take
any field tests. Note, however, if you
refuse, most likely you will be placed under arrest for DWI. Keep in mind however, that if you are asked
to perform any tests, most likely, the officer has already made up his or her
mind that you are a DWI and regardless as to how you perform on the tests, you
will be nevertheless arrested. I may
experience I have since defendant’s perform almost perfect field sobriety tests
on video and still be arrested. In any
event, the decision is yours and not the officers as to whether you will
perform the tests. If you do not perform
said tests, such refusal will “not be normally” used against you. In any event, if the matter goes to trial,
and the breath readings are thrown out, the prosecutor will have no evidence to
convict you on observations. Remember,
in New Jersey you can be convicted on both observations alone,
and breath tests results. If the breath
tests are thrown out, and there is no field sobriety tests, you have a much
better chance of an acquittal. In the
final analysis you have everything to lose and nothing to gain, by submitting
to field tests, but of course, you must make that decision, based on your own
unique situation. Lastly, remember also
that it is easier to beat one case than two cases, why give yourself another
case, which is refusal.
Eighth, always, always,
submit to the breath test, by law you must submit, and a refusal will result in
an automatic loss of license for 7-months.
It is easier to beat a DWI than a refusal case. Keep you options and chances of an acquittal
by doing the tests.
Ninth, at the station, if
not already done so when the cuffs were place on you, you will be given your
Miranda Rights. It is important once
those rights are given, that you shut-up, keep quit, and say absolutely
nothing. The only thing that you are
required to say, is I will submit to the breath test.
Law Office of Vincent J. Sanzone, Jr., Esq.
277 North Broad Street
P.O. Box 261
Elizabeth, N.J. 07207
(908) 354-7006
“Poems are made by fools
like me, but only God can make a Tree.”
Joyce Kilmer
