Know Your Legal Rights
Should the police stop you,
know your legal rights...
Most Americans, don't know
their legal rights, particularly when a roadside (traffic)
"stop" or arrest is involved. In fact, there are a lot of
misconceptions about legal rights. Here are just a few:
-
Most people believe that
they are guaranteed the right to call an attorney for
advice. WRONG.
-
Most people believe that
they can talk the officer into letting them go. NOT ANY
MORE.
-
Many people believe that
by cooperating with the officer in doing roadside tests
they will be able to convince the police not to arrest
them. NOT SO, IF YOU ARE A DUI SUSPECT.
-
From watching TV police
stories, many people erroneously believe that police can
automatically search your vehicle. NOT WITHOUT YOUR PERMISSION,
unless the officer has reasonable cause to believe that
a crime in being committed or is about to be committed.
The tri-fold "DRIVER'S RIGHTS"
card was designed by our lawyers in
order to assist Mississippi drivers in asserting their Constitutional
and statutory rights, to the maximum extent permitted by law.
ANY TIME YOU ARE STOPPED BY A POLICE OFFICER, AND QUESTIONING
GOES BEYOND THE MINIMUM INFORMATION NEEDED TO ISSUE A TRAFFIC
CITATION, YOU SHOULD CONSIDER HANDING THE CARD TO THE OFFICER
AND REMAIN SILENT. Let the card speak for you. Don't read
it to the officer. These cards won't prevent a drunk driver
from being caught, if sufficient VISIBLE proof of impairment
exists (staggering, belligerence, glazed eyes, etc.), so don't
expect the card to solve all problems.
NOTICE TO OFFICER AT ROADSIDE STOP
As required by Mississippi law, I am herewith
tendering my driver's license. The license is in proper order
and I have committed no crime or traffic violation. I therefore
request that my license be returned to me and that I be permitted
to leave immediately. If you have any doubt about my ability
to operate my vehicle, I will be glad to leave my car here
and have a cab pick me up. Unless you return these items to
me and advise me that I can leave with my license and in my
vehicle, I must assume this is more than a brief investigatory
stop, that my liberty is restrained, that I am under arrest,
and that I must obey your orders without resistance, but I
do so under protest.
I do not wish to answer any questions or make
any statements at this time. I am exercising my right to remain
silent and to not give evidence against myself. (U.S. Const.,
5th Amendment, Mississippi Constitution).
I request that my attorney be present during
any questioning or proceedings against me and that I be permitted
to contact my attorney at the earliest possible time, as permitted
by Mississippi and Federal law. I have the name and phone
number with me at this time and would like to call immediately.
Mississippi law does not require me to submit
to any verbal or non-verbal field sobriety tests including
reciting the alphabet, the horizontal gaze nystagmus test,
the Alco-sensor (hand-held breath testing device), walk-and-turn,
one leg stand or other such tests. I, therefore, choose not
to participate in any such so-called field sobriety tests,
unless my attorney is present when such voluntary tests are
performed. If you ignore my Constitutional and statutory rights
under this card and verbally coerce me into taking any such
tests, I am not performing any such tests willfully and voluntarily,
but am doing so to avoid a confrontation with you, an armed
law enforcement officer.
In compliance with the requirements of Mississippi
Implied Consent Law, I will consent to submit to tests of
my breath, urine, blood, or other bodily substances which
you may designate, provided the test I am offered is properly
done and has been properly approved by the Mississippi State
Crime Lab and the Mississippi State Highway Safety Patrol;
however, since I maintain that you do not have reasonable
or legally sufficient cause to make this request for a chemical
sobriety test, my consent is given under protest and is in
no way voluntary. Furthermore, I do not waive any deficiencies
in the advisement you are giving me, or in the procedures
that you follow. Any consent by me to take a chemical sobriety
test is given only for testing devices which are properly
approved and where all pre-testing protocol and waiting periods
are observed. Otherwise, my consent is NOT voluntarily given.
I request that I be provided (Miss. Code, Ann.
Section 63-11-15, 1972) with full information concerning your
test including a written copy of any reports on the results
of your test. If it is used, I wish to view any digital or
numerical readout on the breath machine, pursuant to my Constitutional
rights to confront witnesses and evidence against me. I also
desire to have an independent analysis made of any chemical
test taken by the State of my blood, breath, or urine, and
hereby demand that a sufficient sample be collected and properly
sealed, refrigerated or preserved to permit re-analysis to
be accomplished at a later date.
If, after the administration of your test,
you decide to charge me with any DUI offense under Mississippi
Code, Section 63-11-30, then I request that I thereupon be
transported to the nearest available private medical facility
which will conduct independent testing. If feasible, I will
select and utilize my own physician or medical provider to
administer my independent test(s). I will make my own financial
arrangements upon arrival at the selected facility, will select
the type of test I want, and I specifically request immediate
access to a phone and phone directory to do this. This request
should also not be considered to be withdrawn or waived even
if I take one or more additional breath tests.
In the event you suspend my driver's license
pursuant to Mississippi Code, Section, 63-11-21, 23, and 25,
then I hereby request that I be afforded a hearing to review
the propriety of the proposed administrative suspension. This
request should be forwarded by you immediately to the Mississippi
Highway Safety Patrol, Driver Improvement Branch, P.O. Box
958, Jackson, MS 39205.
I object (and do not consent) to a search of
my person, my motor vehicle, or any of my other property,
unless I give you written authority to search my vehicle (for
"inventory" or any other purpose) and arrange for impound
of my vehicle.
I also do not consent to being videotaped or
audio taped at any time without my written consent, as such
unauthorized taping would constitute a violation of my right
of privacy under the Mississippi Constitution and the U.S.
Constitution.
This document constitutes an official notification
which should be retained for your records.
10/98 VWC
NOTICE AND DISCLAIMER
This card shown below is intended to help
educate member of the Mississippi motoring public as to their
rights under the law and to assist presumptively innocent
citizens in properly asserting those rights. It is not intended
to aid drunk drivers in evading punishment. The card should
be given immediately to the law enforcement officer in the
event (a) you are pulled over for any reason, (b) if you are
stopped and detained at a roadblock, or (c) you are involved
in any type of accident, and questions about alcohol consumption
are asked. It will assist the officer in correctly determining
how you wish to be treated under the law. No further communication
with the officer will be necessary. READ THE "NOTICE TO OFFICER
AT ROADSIDE STOP" ON THE REMAINDER OF THIS CARD CAREFULLY
AND KNOW YOUR RIGHTS BEFORE ANY CUSTODIAL SITUATION ARISES.
Use of this "Notice to Officer at Roadside Stop" may not be
appropriate for certain drivers, including, but not limited
to: (1) persons who are licensed to drive by another state;
(2) persons who have been involved in a collision, especially
if serious injury or a death has occurred; (3) persons who
have been convicted of two or more prior DUI offenses or other
serious driving offenses for which the arrest occurred within
the past five years; (4) persons who may have any illegal
substance or non-prescribed medication in their system. (NOTE:
Modern testing methods for blood or urine can detect substances
for weeks after ingestion. Test results may be used to charge
you with additional crimes); (5) under-age persons who, by
virtue of admitting any alcohol consumption or giving any
test result, maybe subject to conviction and punishment for
another crime, or (6) persons holding a CDL license who are
stopped while driving a commercial motor vehicle and where
questions about alcohol consumption are asked. For these drivers,
a refusal may be more beneficial than the consequences which
may result from an unfavorable test result. If you do decide
to refuse, obtaining permission to contact an attorney immediately
is critical to your case. An attorney may advise you to take
the test, and you may have only a few minutes after the time
of refusal to change your mind.
*How to use Drivers Rights and Disclaimer
Courtesy of
William "Bubba" Head.
|
