Don’t Forget to Buckle Up!

On this Memorial Day, 2008 weekend, I would like to take a minute to remind all readers of this blog about the importance of wearing seat belts.  Remember, the goal of a DUI or criminal defense lawyer is not to encourage people to break the law.  And, at least in my opinion, criminal defense lawyers are not doing their jobs if they don’t make an effort to get their clients help and assistance so that those clients will not reenter the criminal defense system.

Yes, there are cases that turn on technicalities.  And, yes, there are very good reasons to keep police officer and prosecutors honest – the court system is designed to be adversarial and the natural tendency of the State’s representatives will be to assume every defendant is guilty and to push for hard line punishment.  Defense lawyers usually have a different view of what is reasonable and they have a more positive view about the nature of their clients.

Often, the system works just fine.  Usually, represented defendants will conclude that the system works a little better for them.

At the end of the day, however, if you are a defendant, I encourage you to learn from your experience.  A good lawyer may get you a second chance, but eventually, even the best attorney can’t save you from yourself.

I ran across a very sad story in Newsweek, written by a flight nurse who works on hospital emergency response helicopters.  She relates the story of getting a call to an accident scene and discovering that her 17 year old son lay dying.  He had not been wearing a seat belt and was ejected from his vehicle.  Three of the four people in the car that day were not wearing seat belts – two of the three died and the other was seriously injured.  A front seat passenger was buckled in and walked away from the accident.

DUI arrests and other traffic stops – including seat belt stops – should be seen as a wake up call.  You might be lucky this time, but you cannot keep tempting fate.

Yes, lawyers will always be there to try to pick up the pieces.  But don’t rely on this.  Be safe, drive safely and take that extra second to think ahead about the consequences of poor decisions.

How to Act When You are Stopped by the Police

One of my favorite blogs, Lifehacker, alerted me to an article in Car & Driver entitled “Busted! What Should I Do Now?“    The magazine spoke to police officers and state troopers all over the country to get their feedback about how to act during a traffic stop.  The Car & Driver article sets out five things you should do if you are stopped, and five things you should not do.

The Five Things You Should Do

  1. Pull to the right at the first opportunity, then turn off your engine.
  2. Stay in your car with your seat belt fastened, roll down your window, turn off the radio, and do not touch your cell phone
  3. Place your hands on your steering wheel and sit quietly.  Tell your passengers to be quiet.
  4. Retrieve license, registration and insurance proof only when asked to do so.
  5. Answer questions succinctly and don’t argue

The Five Things You Should Not Do

  1. Don’t slam on your brakes or continue driving for an extended period of time.
  2. Do not jump out of the vehicle, run at the officer or make sudden movements
  3. Minimize your complaining or arguments
  4. Do not lie
  5. Do not show your contempt by peeling away after getting a ticket