Mr. Head's Drivers Rights Cards
For more than 12 years, the author has advocated the use of similar cards for persons
being investigated or being accused of drunk or drugged driving -- DUI
/ DWI / OUI / OWI / OMVI / DWAI / DUII. Unfortunately, a person
trying to exercise his/her constitutional rights at a traffic stop where
impaired driving is suspected has FEWER RIGHTS than
a citizen who may be carrying $2 million in cocaine in the trunk of a
rental car, and FAR FEWER RIGHTS than a citizen standing within
his/her home. Furthermore, the legal rights contained in such cards
vary from state to state. For example, in SOME
states, a citizen is no longer permitted to "refuse" to have his blood,
breath or urine tested when suspected of DUI / DWI---the police can now
physically restrain or even inflict grievous bodily harm in order
to get blood or urine from a suspect. In most states, however, the
right to say "no" to testing for DUI / DWI suspects still exists, if you
KNOW and EXERCISE your rights. For Georgia drivers,
the following are the legal rights presently issued to Georgia-licensed
drivers by the author when publishing and distributing his well known
"Driver's Rights" Cards:
KNOW YOUR CONSTITUTIONAL RIGHTS & USE THEM
1. You have the
right to REMAIN silent even before you are arrested. Anything you say
or do (such as roadside sobriety evaluations) CAN and WILL BE USED AGAINST
you.
2.
You have a right to consult privately with an attorney, and if you request
to exercise this valuable right, all interrogation must stop and no police
officer can question you further. REMAIN silent. Call (404) 250-1113 collect,
or toll free at 1-888-DUI-CHARGE (1-888-384-2427).
3.
If you cannot afford a lawyer, once you are brought before a court official,
a lawyer will represent you at no cost. Don't get impatient and talk to
anyone else in jail or at court. © 2002 William C. Head
4.
Assume that every word you speak--in a police station, police car, to
a jail inmate or in a jail cell is being RECORDED. It probably is! REMAIN
SILENT! Only talk with your attorney.
GENERAL INFORMATION FOR DRIVERS IN GEORGIA BEING INVESTIGATED FOR SUSPECTED IMPAIRED DRIVING CHARGES [BY ALCOHOL OR DRUGS]
1. Never
answer ANY questions about consuming alcohol or drugs. Remain
silent & immediately request an attorney's advice. If arrested,
do not resist the officer and answer no
questions concerning if, when, or where you may have been or what you
drank. Do NOT consent to search of your vehicle.
2. Do NOT
submit to ANY roadside sobriety or agility tests, especially a
hand-held breath device. All field tests are voluntary and highly subjective,
and are designed to incriminate you.
3. Politely
ASK TO LEAVE the scene, by cab or on foot, without your keys (even
if your car is towed away), if an arrest can be avoided by doing so. Never
run from or try to elude police officers. Ask for permission to call a
cab or a friend to come get you to avoid arrest.
4. Unless
you can answer "TRUE" to ALL of the following
questions, politely DECLINE any police test(s) of your blood, breath,
or urine UNTIL AND UNLESS you first consult with a lawyer:
a. I am
a Georgia license holder, 21 years or older; AND
b. I was
not involved in an accident involving possible death or to serious
injury to ANYBODY, even members of my family or passengers; AND
c. I was
not driving a commercial truck; AND
d. No matter
where I currently have a license to drive, I have had no prior drunk
driving convictions or deferred pleas for DUI/DWI in ANY state within
5 years (from the former arrest date until now).
5. Only
if you answered "TRUE" to ALL 4 sections, should you then submit
to police testing & then demand BOTH a private
(a) blood test at a hospital and (b) breath test (at a different
police station). Pay for both tests, using your money, credit card,
or ATM, etc. © 2002 William C. Head
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