Of course, you shouldn’t Drink Drive, or Text, because Impaired Driving is Driving Under the Influence. But if you are stopped, remember our rights are constitutionally protected. The famous Miranda Case about the 5th Amendment of the US Constitution protects our RIGHT to Remain SILENT…even when not under arrest. Exercise it, because It’s Not What You Said. It’s what the police or insurance company Thought You Said! And remember a Taxi, Uber or Lyft are cheaper than calling me.
However, most followers of my weekly legal column or legal talk show don’t understand that if stopped by the police they don’t have to answer any questions. On the back of my business card, I suggest giving it to the officer with your license, registration, and insurance card. It explains your lawyer has advised you to remain silent until they call me at 760.837.7500, and you get the OK to talk to them…they won’t call!
My card further explains the VOLUNTARY Field Sobriety Test, (FST), and breath test, at the scene, are optional (unless on probation), You should ELECT not to take them and explain you want to cooperate and take a blood test. DUI tests were designed for failure, so “Choose To Refuse” and explain I didn’t do anything wrong, so let’s leave it at that!
Don’t flunk the attitude test. Be courteous and cooperate with the police. Don’t fight…let your lawyer do that in court. Remember officers wear a camera on their chest in addition to the cruiser camera, so the truth will prevail.
Follow their orders or YOU can be “roughed up”. The government has the Burden of Proof so why give them evidence? Remember, police can lie while investigating the case. Be thankful you didn’t get in a serious accident because there are more DUI fatalities in the CV than anywhere else in California…per capita.
Many people wait until the need arises to find a lawyer. I advise my readers and the listeners of my legal column and legal talk show: “People don’t plan to fail, they fail to plan.” So plan ahead for an untimely DUI or Accident, and decide who to call before making a decision under stress. After all, you know who you would call for a plumber or electrician!
“Like a placekicker, a lawyer is unimportant until you need one! … AND IF YOU HAVE BEEN IN AN ACCIDENT, YOU MAY BE ENTITLED TO SUBSTANTIAL COMPENSATION.
Some of the reasons to retain a lawyer: Advises and recommends correct decisions; Prepares and investigates; Stops adjuster’s calls; Gets a body shop; Helps with lien medical treatment; Gets the police report; Pays costs; Advises regarding social media removal; Investigates and collects evidence; Finds all insurance coverage; Gets medical bills paid; Protects you from medical creditors; Answers your questions throughout the process.
In addition, s/he evaluates evidence and estimates the value of jury vs settlement through negotiation, mediation, and arbitration; Advises whether to accept an offer or counteroffer; Decides how much money should be spent going to court, based on the likely outcome; Negotiates settlement with insurance companies; Prepares for trial…if no good offer; assists local CV doctors who were not taught How to Write a Med/Legal Report in their medical school. Retain a local lawyer, who during his/her career, has been rated AV Martindale Hubbell “Preeminent” (legal Ability and Very ethical) and 10.0 5 Star Avvo “Superb.” These are the highest ratings possible and are given by local judges and attorneys to the elite of their profession.
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Dale Gribow Attorney at Law, a 10.0/5 Star PI/DUI firm limits cases and personally answers calls. His rich legal and philanthropic career warranted 30 + Top Lawyer Awards, 9 Man of the Year Recognitions, 4 Dale Gribow Days…and awarded “Mr. Charity.”
