The Law Offices of Paul S. Geller, P.C

221 E. Walnut St.
Suite 227
Pasadena, CA 91101

Call For A Free Consultation

(626) 714-3112

The Law Offices of Paul S. Geller, P.C

What do I do if the police pull me over?

“No.” Regardless, you’re giving police the right to begin their investigation of you, whether you’re under the influence of alcohol or not. The same is true if asked if you’re on medication or are taking drugs.
“No.” And do not admit if there is anything illegal in your car. You’re giving them legal grounds to then search the vehicle. Period.
“With all due respect, why did you stop me and am I free to go?” This is about their traffic stop, not your direction of travel. Do not answer questions.
“Not without a warrant. I am not consenting to a search. Am I free to go?” Period.
For officer safety, they can ask you out of the car. Simply comply, and ask “Why did you stop me? Am I free to go?”
“With all due respect, I am not performing any field sobriety tests. Am I free to go?” They may end up arresting you if in fact you had been drinking or otherwise, but why give them evidence to support that conclusion? If they don’t have the evidence/results of field sobriety tests, they potentially just arrested you without probable cause.
We are talking here about a breathalyzer BEFORE arrest for a DUI out in the field, not at the station. Unless you are on probation for a DUI or another alcohol-related offense that requires you to comply, you are under no obligation to give that test. Once arrested you have to provide a breath or blood test, or you could be subject to a longer suspension of your driver’s license than otherwise. If you are on probation, you have to consent to the field breath test. Otherwise, “with all due respect, I am not consenting to a breath test. Am I free to go?”
“Do you have a warrant? I’m not consenting to a search.”
No. “I am not consenting to any search of my car. Period.”
“I am not answering any questions without my lawyer. I am not consenting to the search of anything.”
Paul S. Geller

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(626) 714-3112

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