What Happens When I am Stopped?
Your behavior with law enforcement can be vital to the officer's decision making. Police officers are given a great deal of discretion in handling any situation. They may simply be seeking information to put in their report or they may be deciding whether or not to issue a citation. At the initial stage you must know your rights in order to protect yourself and, if necessary, aid your attorney in presenting your case to a jury. At this point it is vital to remember anything you say or do will be used against you. Arguing with the officer, complaining or bad-mouthing the officer does not help you and may give the officer an excuse to arrest you. Stay calm and in control of your emotions and treat the officer the way you would wish to be treated. Above all – KNOW YOUR RIGHTS!
When a police officer pulls behind you, he or she is observing your driving. Take particular note of when you notice the officer behind you, where he or she was stationed prior to pulling behind you, and any landmarks that you observe. How long you were followed may be an issue that will be raised at trial. Obviously, it is important to obey the speed limit and observe all traffic laws. If you suspect that the officer is looking for a reason to pull you over, don't give him one! Most importantly, do not panic and constantly look in the rear view mirror or run from the officer. It is not a crime to leave a bar at night but it can be a felony to flee or elude the officer. By obeying all traffic laws you are not giving the officer a reason to pull you over and you may not be stopped. If you are stopped, do not assume that the officer already has his or her mind made up. Again, stay calm and in control.
When the officer arrives at your car window he or she is understandably concerned about safety. Keep your hands where the officer can see them, do not run and do not touch the officer. Interfering with or obstructing an officer is a crime and you can be arrested for it. You must present the officer with your driver's license and insurance information upon request. Upon being stopped for suspicion of drunk driving, often the officer will stick his head near your face and attempt to have a conversation with you. He is seeking to ascertain if you have an odor of alcohol about your breath or person. The officer is also seeking to determine if your speech is slurred. By getting a good look at your face, the officer can determine if your eyes are blood-shot or glassy. Not surprisingly, finding an odor of alcoholic beverage, slurred speech and glassy eyes will prompt the officer to ask you to step outside the vehicle to take some field sobriety tests. Common field sobriety tests include the Horizontal Gaze Nystagmus test, a test of the movement of your eyes, the Walk and Turn test and the One Leg Stand test. Should you refuse to cooperate with the officer's request expect a ride to the station to take a blood, breath or urine test.
If the officer asks you to exit the vehicle you have a choice. If you do not wish to exit, you are forcing the officer’s hand. He or she will probably arrest you and take you to the station. If you do exit, the officer may ask you to take the field sobriety tests cited above. If you do not take the tests then law enforcement has less evidence against you. If, however, you refuse to take the roadside tests, expect a trip to the station on the charge of violating Ohio's tough D.U.I. law. Refusing to cooperate with the field sobriety tests will not result in an automatic license suspension, but refusing to take a blood breath or urine test at the station most certainly will. By knowing that you have a right to refuse field sobriety tests, you may be able to limit the evidence against you at trial. You should also request to make a phone call and speak to an attorney prior to electing whether or not to submit a breath sample. While the police department is not required to comply with your request, most police departments will permit a short call to an attorney before your decision.
Once outside the vehicle, an officer has the right to pat you down for his own safety. Do not resist this search but make it clear to the officer that you are not consenting to any further search. It is not a crime to refuse to answer questions, but doing so will arouse police suspicion. Remember, if an officer is questioning you he or she is seeking evidence to use against you. Do not make any incriminating statements. If you feel you are being treated unreasonably, or that your rights are being violated, the scene is not the proper place to argue the point. You can discuss the officer's behavior with your attorney or file a complaint with the Internal Affairs Department later. A common technique that an officer will use will be to ask you "how many beers have you had?" The best answer is to simply ask “Have I done something wrong?” or otherwise refuse to answer the question and ask the officer if there is anything else that you can help him/her with. Again, by knowing your rights you will gain a measure of control over this intimidating situation.