Taimoor Rana is seasoned criminal defense attorney specializing in DUI related cases. He shares his expert legal opinion here « If You Are Stopped by Police, Will You Know Your Rights
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- If you are stopped by the police and questioning goes beyond a request for your driver’s license and insurance card, you should hand out Following card to the officer. You should also remain silent until the officer has read the card. Don’t try to read this card to the officer, Just make sure you have read the 8 points on this card, so that you understand your rights at the time of the stop. Just Print the text below on a paper keep it with your driving license and insurance papers. Do remember to fill in name and phone number of your attorney.
____________________________________________________________
Driver’s Rights Card
___________________________________________________________________________
NOTICE TO OFFICER:
This document constitutes an official notification and should be retained for your records.
1. I hereby tender my driver’s license and proof of insurance.
2. I have committed no crime and request that my papers be returned to me and that I be allowed to depart immediately.
3. If you are not going to allow me to leave at this time, I will assume that this is more than a brief investigatory stop and that I am under arrest.
4. I invoke my RIGHT TO REMAIN SILENT, and do not wish to make any statements, nor do I wish to answer any questions relating to consumption of alcohol. I rightfully, and voluntarily CHOOSE NOT TO TAKE ANY FIELD SOBRIETY TESTS, including the hand held ALCO-SENSOR breath testing device (i.e. ABC’s, touch nose, balancing tests, etc).
5. I DO CONSENT to tests of my blood, breath, or urine, at the police station or state testing facility, provided that (1) they are conducted in compliance with O.C.G.A. § 50-13-1, et seq., (2) I am afforded independent testing at a private medical facility by personnel of my own choosing.
I in no way waive or withdraw my request for independent testing, nor do I waive any deficiencies in the procedures or advisement which you provide during this arrest.
6. In the event that I am served with a Notice of Intent to Suspend my license, I hereby request a hearing on the proposed administrative suspension, and that you FORWARD MY REQUEST IMMEDIATELY to the Georgia Deparment of Public Safety, P.O. Box 1456, Atlanta, Georgia 30371.
7. I do NOT CONSENT TO A SEARCH of my person, vehicle, or any other property without my WRITTEN permission.
8. I immediately INVOKE MY RIGHT TO AN ATTORNEY and request that I be allowed to call _______________ at his phone number _________________. I will answer no further questions until my attorney, _______________, is present.
THE FOLLOWING CODE PROVISIONS ENTITLE ME TO THE RIGHTS OUTLINED ABOVE:
U.S. Constitution 5th and 14th Amendments:
Georgia Constitution Art. 1, § 1, Paras. 1 & XVI;
O.C.G.A. §§ 24-9-20, 40-6-391, 40-6-39240-6-67.1. 40-11-9. 50-13-1 et seq.
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7 commentsto “If You Are Stopped by Police, Will You Know Your Rights”
Oh my gosh, haha! Yea the cop would be dumbfounded or just mad. Most cops have power issues to begin with sooo this would just be hilarious. Good one!
Yes well those tactics may work in the USA but they will definitely not work where I live in Australia..I can refuse all this like you said but can and would be taken to a hospital blood extracted and if over the limit I can go to gaol…how do I know? it happened to me is how for kicking up a fuss as you recommend I got 6 months which could and probably would have been suspended.
I don’t drink and drive now…Oh I meant to say I lost my licence for three years also
Does everyone know that driving a motor vehicle is a privilege and not a constitutional right? You are required by law to pass a test to gain the right to drive a motor vehicle. You are also required by law to observe certain laws to keep that privilege. The police are allowed by law to stop a car and request to see your drivers license, registration and (if the state requires it)proof of insurance and the fitness of the vehicle to be on the road. Failure to comply with these instructions can result in you losing your license. If the officer suspects you are under the influence of drugs or alcohol he is allowed by law to request you take a test. You can refuse that, but at point the officer is allowed to arrest you.
See one of the things you need to do to maintain the privilege of driving is to proof your fitness to do so. It’s not the same as innocent until proven guilty. You have to prove your fitness to drive. That’s the key difference between a privilege and a right.
You are guilty unless proved innocent in my country…
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