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What to do When Pulled Over for a Moving Violation

Posted on July 21, 2018July 21, 2018 by tltfl

In most states a police officer can only pull you over if he suspects that you have committed a moving violation of some sort.  But do you know what to do when pulled over for a moving violation?  Here’s is what should happen and what to do when you are stopped.

Once you have been pulled over the police officer should then approach your car and let you know why it is they have stopped you, then they will ask to see your license and registration.  Always have these documents handy when you are driving and hand them to the police officer.  It is in your best interest to be polite and to not act aggressively, aggression arouses suspicion and can lead to searches of your vehicle or breath tests for alcohol.  That being said you should also know your rights and invoke them when it is necessary.

If you are stopped:

  • Stay calm and provide your license and registration
  • Remain in your car with your hands in view
  • Provide your documents without argument
  • Be courteous
  • Answer questions with brief answers
  • Invoke your rights if need be

What to do When Pulled Over for a Moving Violation

Can the Police Search My Car

You can refuse to allow a search of your car as long as there is no probable cause to believe you have committed a crime.  They cannot arrest you for not allowing a search of your vehicle.  If they do search your vehicle without permission or probable cause then any of the evidence obtained can be thrown out of court.  Here is how to politely refuse a police search.

Can I Refuse a Breathalyzer or Sobriety Test?

That will depend on the state but in most cases simply by driving on the roads you have given consent to be sobriety tested.  You may have the right to ask that the test be performed in a hospital to ensure accuracy.  If you refuse a sobriety test then in most states it will result in an automatic suspension of your license whether you have been drinking or not.  You can politely refuse to take a field test but that can result in arrest and once you are taken into custody you will be given a chemical breath test, blood or urine test and that you cannot refuse.

What do you say if they ask if you’ve been drinking?

Many police officers will assume that since you are on the road late at night that you have in fact been drinking.  If you have been drinking then it is in your best interest to invoke your 5th amendment rights.

You are not obligated to answer questions about where you were, with whom or what you are doing.  You have the right to speak to an attorney before answering any questions.

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How to Find a Law Firm that Fits You

How to Find a Law Firm that Fits You

Posted on July 18, 2018July 21, 2018 by tltfl

Shopping for a law firm is not that much different from any other product or service, the smart consumer does their research first before committing.  There are all kinds of law firms looking for clients it is up to you to find a good one that you can work with.  You need an attorney than not only you can trust but one that can handle the type of case that you have.  Here are some tips on how to find a law firm that fits you.

Put Together a List of Potential Law Firms

You need an attorney that works in the right field of law, if you’re getting a divorce you want a family lawyer.  Not only that you want one that is licensed to practice in your state.  You can start with the state Bar Association, they are responsible for regulating practicing attorneys in your state.  On their website they will have a comprehensive list of attorneys along with any past disciplinary actions or complaints.  You can easily avoid working with a lawyer who has demonstrated bad behaviour in the past.

Referrals from Friends and Family

No matter your situation there is probably someone you know who has been in a similar situation.  These are friends and family that you can ask to refer to you to a good attorney.  You may even be aware of a good attorney based on their reputation alone.  If you are charged with a crime, there is a high profile attorney in your state with a reputation for winning.  There are also review sites where past clients can rate their experience working with that particular lawyer during their case.  Where they satisfied?  Did they get the outcome they were looking for?  Yelp along with Google both are places where you can check the reviews of any lawyer you are thinking of working with.

Cost

The fees charged by an attorney can range anywhere from $150 per hour all the way to $1,500 per hour depending on location, whether it is court time and their field of practice.  An attorney doesn’t come cheap and if you don’t qualify for legal aid you are going to be paying out of pocket.  Any potential attorney should explain to you the fees upfront so you are perfectly clear and know what to expect.  Many law firms will offer you a free consultation to give you both the opportunity to see if you can work together.

A good attorney can mean the difference between winning and losing your case, choose carefully.

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