Frequently Asked Questions

What should I do if I am stopped by the police?

The following is a list of things you should do:

Stop your vehicle as soon as safely possible.
Open your windows, turn off your vehicle, and keep your hands where the officer can see them.
Instruct your passengers to be polite and keep their hands in view.
Be courteous and polite.
Show drivers license, registration, and proof of insurance when the officer requests it.
Do not admit anything.
Do not try to talk your way out of the situation.
Do not consent to any searches.
If asked, don’t take the field sobriety test (coordination test) or the eye test (Horizontal Gaze Nystagmus).
Don’t answer questions or agree to be video or audio taped.
If asked any questions other than the information on your driver’s license, registration or insurance card say:

“I am exercising my right to remain silent and I want an attorney present during any questioning.”

Should I agree to take the field sobriety test? What about the eye test (horizontal gaze nystagmus)?

You cannot be forced to perform the field sobriety test or the HGN eye test. If you refuse, though, you will likely be arrested for DUI and taken to another location for breath, blood, or urine testing. The purpose of the field sobriety tests is for the officer to obtain evidence against you. Usually the officer will perform the HGN test first; if he asks you to perform other field sobriety tests, he probably believes that you are intoxicated and will be arresting you anyway.

What will happen if I am arrested for DUI and I refuse to take a blood, breath, or urine test?

In Arizona you will be subject to a one year license suspension if you refuse to voluntarily give a sample. It is also possible for the police to obtain a search warrant to take your blood without your consent.

What should I do if the police want to search my home or my car?

Never consent to a search. Politely tell them that you are not going to consent to a search and that you know that they need a warrant to do so.

When I was arrested the police officer did not read me my Miranda Rights. Can you get my case dismissed?

Contrary to popular belief, police officers are not required to read Miranda Warnings every time they make an arrest. They are required to advise you of your Miranda Rights prior to asking you questions about the alleged crime while you are under arrest. If they do fail to read you your rights, it may be possible to keep out any incriminating statements you have made. This could lead to a dismissal.

The police think I have committed a crime and want to talk to me. Should I talk to them?

NO! The police are not asking you questions because they want your side of the story. The police are asking you questions because they are trying to gather evidence to make their case against you. Once the police make up their minds that you are guilty, you cannot talk them out of it. Politely tell the police that you do not want to talk to them without an attorney present. You need an attorney! I have represented many people in this situation and occasionally we sit down with the police and discuss what happened, but this is not something you should attempt to do on your own.

I am being investigated for a crime, but I have not been arrested yet. Do I need an attorney?

Absolutely yes. An attorney can conduct an investigation independent of the police. Evidence of your innocence from this independent investigation can then be presented to the police and the prosecutor. The prosecutor will then be required to show the evidence of your innocence to any grand jury he tries to use to indict you. I have successfully prevented many people from being charged with crimes by conducting independent investigations.