Traffic & Drunk Driving Offenses >> Frequently Asked Questions

What Do I Do When I Am Stopped By Police While Driving? From the moment the officer stops you, he or she can record everything you say and use it against you. One of the first things an officer may say to you is, "Do you know why I pulled you over?" This is a common technique that police may use to get you to confess to a possible road violation. As soon as the officer approaches the vehicle, say, "Good afternoon, officer. Can you tell me why I am being pulled over?" When the officer asks for your license and registration, pull them out slowly and hand them to the officer. Try not to say anything while the officer is reviewing the documents. Don't tell the officer you are late for a meeting or you have to pick up your kids from school because that could be considered a reason for speeding or reckless driving. Wait until the officer asks you questions before you speak.The officer may ask you a series of questions about how fast you were going, where you were going and what you were doing. Answer any questions you can honestly. You don't want to provide the officer with any false information at any time. If you don't know the answer, simply respond, "I don't know." REMEMBER: You may always refuse to answer any question and request your attorney. If the officer writes you a ticket, accept it quietly. Listen to any further instructions, including information on how long you have to pay the fine or what you must do if you want to contest it. If the officer just gives you the ticket without explaining what your rights are you may be able to successfully challenge the ticket in court. Before you leave the scene, write down the following information: Exact Location of yourself (when you think the Police Officer tagged you with the radar/paced your speed and where you pulled over) Traffic and Weather Conditions, including adjacent vehicles Any possible interference with Radar Signal (i.e. Airport, Bank, etc.) Other Relevant Information
Can I Just Plead Responsible And Pay The Ticket? Yes, you can like 85% of Americans, but it is not in your best interest. Almost every time you plead responsible to a civil infraction, it is posted to your driving record; you receive points and a heavy fine. For insurance purposes these points count against you for a 3-year period. One ticket on your record could result in $1,000's in insurance surcharges that you have to pay. It is estimated that over 100,000 tickets are handed out each day. Do the math yourself and you can easily see who the real winner is if you merely plead responsible and pay the fine.
Does A Cop Have The Right To Search My Car? Probably not! If the police ask to look around inside your car, tell them: "NO, I have a Constitutional Right to be free from all unreasonable and warantless search and seizures. A cop can't search your car without probable cause, a warrant, or your permission. In order to have probable cause the cop has to be convinced that you are hiding something illegal or there is a crime afoot. REMEMBER: Anything in the open that they see may give rise to probable cause.
Do I Need A Lawyer? This is a tough call. You can represent yourself in traffic court. But if you have the money to spend on lawyer fees, then by all means get one. An experienced attorney knows how the system works. Additionally, they will know if there is a technical or legal issue to your case. A lawyer can also plea bargain for you and get your charge reduced or dropped to a less serious one Additionally, with regard to civil infractions, the lawyer acts as your agent and you don't have to appear in Court.
Is There Any way To Fight A Traffic Ticket? Yes! You are within your rights to ask to inspect the speed detection device used to clock your speed. Ask, how was it used to obtain a reading? Ask if they used a tuning fork. You can also ask, why he chose to stop you when other cars were traveling the same or even at an increased rate of speed. Plus there are many other defenses and strategies.
Now That I Have Decided To Hire Attorney Kutinsky And Fight The Ticket, What Does He Do? Speeding/Traffic Infraction: First, we can request to inspect all of the following from the police station: The radar unit's calibration and maintenance records; The police officer's radar training certification; The tuning fork used to calibrate the radar unit, and the calibration certificate of the fork; The actual radar unit that was used. The police station's FCC (Federal Communications Commission) license; List of models, makes and serial numbers of all radar units being used by the police station. By law, you have the right to examine such evidence. Then we go to the formal hearing and discuss our case with the Prosecutor and Police Officer. Drunk Driving: These cases are very involved and to go into detail at this point is futile. These type of cases are very fact specific, as are most misdemeanors and felonies. There are many issues that need to be explored. REMEMBER: Do NOT talk with the Police/Agency. EVERYTHING will be used against you. Keep quiet and call: Toll Free: 1-866-MichDui (1-866-642-4384) 24 Hour Voicemail: 1-800-LAW-6685 (1-800-529-6685)