Uploaded by toargu4u on Feb 9, 2010
Ivan O.B. Morse, Criminal Defense Lawyer discusses what to do if stopped at a DUI Checkpoint.
Contact Ivan Morse, a criminal defense attorney at www.ivanmorse.com or www.ivanmorselaw.com. Or call 925-828-5307 for a free consultation.
Its commercial name is Ramsell's Roadside Rights, named for Don Ramsell, the attorney who believes police run roughshod over motorists and wants them to be prepared when stopped for driving while intoxicated. the kit is Available for $99.95
Drivers are told to only put the window down enough to slip the driver's license out the window.
Then refuse any tests. Don't look at the officer and keep you talk to a minimum to avoid probable cause for "slurred speech."
Make no statements to police without a lawyer present.
The kit even has a pre-recorded message which states in a male voice "officer, please understand that I will only exit the vehicle for your safety or if under arrest".
The police have developed a counter measure. Police may have a judge at the check point who will issue a search warrant to have a medic take a blood sample to test the driver's blood.
Drivers are told to only put the window down enough to slip the driver's license out the window.
Then refuse any tests. Don't look at the officer and keep you talk to a minimum to avoid probable cause for "slurred speech."
Make no statements to police without a lawyer present.
The kit even has a pre-recorded message which states in a male voice "officer, please understand that I will only exit the vehicle for your safety or if under arrest".
The police have developed a counter measure. Police may have a judge at the check point who will issue a search warrant to have a medic take a blood sample to test the driver's blood.
Ramsell filed for a trademark which is now owned by another individual.
A Illinois state's State's Attorney, Joe Birkett, has said
It is an outright lie to tell people that they have a right to refuse an order of a police officer during a traffic stop to get out of his vehicle. That is false.
Local ordinances may apply here, but in general you can refuse the officer's order to leave your car. Just say "no." Once you open you car door, the police may decide to search your car.
The Florida Supreme Court in the Phillip Campbell decision said that "[i]n this country, the police are not vested with the general authority to set up 'routine' roadblocks at any time or place. The defendant's attorneys claimed Campbell's Fourth and Fourteenth Amendments were violated.
See http://www.erowid.org/freedom/police/police_consent1.shtml
Rightardia by Rightard Whitey of Rightardia is licensed under a Creative Commons Attribution 3.0 Unported License.
Permissions beyond the scope of this license may be available at rightardia@gmail.com.
See http://www.erowid.org/freedom/police/police_consent1.shtml
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Rightardia by Rightard Whitey of Rightardia is licensed under a Creative Commons Attribution 3.0 Unported License.
Permissions beyond the scope of this license may be available at rightardia@gmail.com.
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