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“Fourscore and seven years ago our fathers brought forth on this continent a new nation, conceived in liberty and dedicated to the proposition that all men are created equal. Now we are engaged in a great civil war, testing whether that nation or any nation so conceived and so dedicated can long endure. We are met on a great battlefield of that war. We have come to dedicate a portion of that field as a final resting-place for those who here gave their lives that that nation might live. It is altogether fitting and proper that we should do this. But in a larger sense, we cannot dedicate, we cannot consecrate, we cannot hallow this ground. The brave men, living and dead who struggled here have consecrated it far above our poor power to add or detract. The world will little note nor long remember what we say here, but it can never forget what they did here. It is for us the living rather to be dedicated here to the unfinished work which they who fought here have thus far so nobly advanced. It is rather for us to be here dedicated to the great task remaining before us–that from these honored dead we take increased devotion to that cause for which they gave the last full measure of devotion–that we here highly resolve that these dead shall not have died in vain, that this nation under God shall have a new birth of freedom, and that government of the people, by the people, for the people shall not perish from the earth.”

General information. A police officer may try to make contact with you under one of the following circumstances: They’re attempting to conduct a traffic stop, if you happen to be riding a bike or driving a car. They believe you may be a witness, victim, or perpetrator of a crime. They’re just really friendly and want to say hello. In the first two cases, the officer may detain you for a finite period of time while conducting a traffic stop or other investigation. During this time, you are legally obligated to comply with any direct lawful orders the officer may give. In the third situation, the encounter is considered a consensual encounter, during which you may leave at any time. Asking the officer, “am I free to leave?” is a good way to tell if you are being detained or not.

Traffic stops. During a traffic stop, an officer will use a patrol car or motorcycle to pull over a citizen’s vehicle. The officer will make known his or her intent to pull over the driver by pulling behind the driver’s car and displaying red and/or blue lights. The officer may also get the driver’s attention by signaling with the patrol car’s siren. When this occurs, one should follow this procedure to avoid any legal issues or misunderstandings: Signal your intent to cooperate by turning on your vehicle’s hazard lights and reducing speed. Pull to the right slowly if it is safe to do so, and stop on the side of the road. If pulling over would block traffic, then pull off on the nearest side street or freeway exit. When stopped, turn off your engine. If it is dark outside, turn on your vehicle’s interior lights. Keep your hands on the steering wheel and avoid making any sudden movements or reaching for anything. Comply with the officer’s orders. Responding politely and affirmatively with “yes officer” can make the difference between receiving a warning or getting a hefty traffic fine. If you receive a ticket or court summons, SIGN IT! Signing a ticket does not imply guilt—but failure to do so will get you arrested.

Searches. During traffic stops and calls for service, police officers will often ask for permission to search you, your car, or your home. The reason they ask is that without probable cause to search, they cannot unless they get verbal or written permission. An officer may “pat down” a person being detained in order to check for weapons. This is known as a “Terry frisk.” However, unless the officer has permission from the person being detained, has probable cause that person being searched is in possession of illegal items, or is arresting the person, the officer may not search him or her. An officer may conduct a plain-view search of a vehicle while conducting a traffic stop. However, unless the car must be towed, or unless the officer has probable cause to believe that illegal items are in the car, or has permission from the driver, the vehicle may not be searched. An officer may not enter a person’s home or search it unless the officer has probable cause that a crime is in progress or if he or she has permission to enter. Otherwise, an officer may not enter a person’s home without a search warrant. In each of these situations, one need not give consent to a search by saying “I do not consent to any searches.” Failure to provide consent does not provide cause for a search or arrest. In addition, consent may be revoked at any time after it is granted.

If, for some reason you are placed under arrest, be sure to cooperate and do not resist. Any action you take or word you say may be documented and used in court. Your general demeanor during your arrest will also reflect how you are treated at the police station and in court. In addition, be sure to know your rights. Whether you are an adult citizen or non-citizen, you have certain rights if you are arrested. Before the law enforcement officer questions you, he or she should tell you that:

1. Anything you say may be used against you.
2. You have a right to have a lawyer present while you are questioned.
3. If you cannot afford a lawyer, one will be appointed for you.

These are your “Miranda” rights, guaranteed by the United_States_Constitution. If you are not given these warnings, your lawyer can ask that any statements you made to the police not to be used against you in court. But this does not necessarily mean that your case will be dismissed. And this does not apply if you volunteer information without being questioned by the police.

“The more you read and observe about this Politics thing, you got to admit that each party is worse than the other.”

“Don’t worry when you are not recognized, but strive to be worthy of recognition.”

What To Do (And What Not To Do) When You Are Stopped By The Police

The contents of this page (and this entire site) should not lead anyone to believe that there is an easy way to “beat” a DUI/DWI charge - nor should anyone believe that I am suggesting that people drive intoxicated because a good defense is available. If you believe that I condone driving drunk, or that I am inducing people to do so, you are mistaken. With that out of the way, the following is a short list of what to do and what not to do if you are stopped by the police and suspected of DUI/DWI.

INTRODUCTION: Your chances of being pulled or by police are heightened when you are driving during the late evening and early morning hours. Statistics show that more people are likely to be driving drunk during these hours. Police are keenly aware of this fact and are particularly vigilant about looking for reasons to pull cars over during these hours (e.g. speeding, failing to maintain lane, failure to signal, etc.). Of course, the best defense against a DUI/DWI is not to drive at all after consuming alcohol or drugs, regardless of the time. If, however, you are stopped and suspected of DUI/ DWI, I suggest the following guidelines:
1. Credentials. Have your credentials (license, registration and insurance) ready. Police will look for slow and fumbling hand movements as indicia of intoxication.
2. Lights & Hands. Immediately put the car interior light(s) on and place your hands where the officer can see them. The police do not know you, and are first and foremost concerned for their safety (and the safety of other innocent citizens) - seeing your hands eliminates a possible threat.
3. Polite. Be polite and courteous at all times - do not challenge the officer’s integrity or authority.
4. Do not believe you can talk your way out of a DUI/DWI charge. Police are duty bound to do their jobs, including arresting someone they reasonably believe is DUI/DWI. Trying to talk your way out of an arrest will usually backfire by being used against you later as an admission of your guilt.
5. Loaded Questions. Do not answer any questions regarding whether you consumed alcohol - politely and respectfully tell the officer that you would like to speak with an attorney before answering any questions.
6. Field Sobriety Tests. There is a school of thought which suggests that you should never agree to perform roadside sobriety tests (the heel to toe, the one leg stand, the finger to nose, etc.). Each case is different and therefore, whether to agree to perform roadside tests is, in my opinion, a difficult question to answer yes or no. I have seen far too often citizens who cooperated with the police to such an extent that they agreed to perform tests which their physical condition(s) arguably prohibited them from completing the roadside tests satisfactorily (e.g. they may be exhausted or fatigued, have serious medical ailments such as back or knee problems, etc.). If you suffer from any ailment(s) which would prohibit or limit your ability to perform the tests asked of you, you should inform the police and politely tell him that you would be unable to do the test(s) because of your condition. Be prepared to fully document your condition with medical reports and records if your case goes to trial. Unlike providing a preliminary breath test at the scene of the vehicle stop, providing a blood draw at the hospital after arrest, or providing a breath test after arrest at the police station, you are not legally required to perform roadside sobriety tests.
7. Breath/Blood Tests. Always agree to give samples of your breath or blood, when requested by the officer - a charge of refusing to give samples of your breath or blood is a separate charge (i.e. it will be charged in addition to the DUI/DWI). Defending a DWI charge even with a high breath reading is almost always preferable than defending a DWI and Refusal charge.
Again, be polite and deferential with the police. The time and place to challenge the authority and procedures of the police is in the court room, not during the arrest and processing.
8. Exercise your right to remain silent - tell the police that you respectfully decline to answer any questions without counsel present. Most clients feel compelled to make statements - giving statements is almost always tantamount to helping the State dig your grave. One exception is that if the police ask you if you are sick, under the care of a doctor, or suffer from diabetes, provide an answer if your ailment would affect your mental or physical abilities (i.e. make you appear intoxicated). Do not answer questions regarding any drugs you are taking.
9. Blood Test. Ask and demand that the police allow you an opportunity to get blood drawn at a local hospital for your own sample to be tested separately. The police must have a procedure in place to afford you this right.
10. Document. As soon as possible, write down everything you can recall about the stop, the questions asked and the arrest. Take pictures of the scene of  the stop and the location of the roadside tests. If you  suffered from a medical condition which would have affected your ability to  have performed the balance tests or which would otherwise make you appear  intoxicated, immediately start gathering the medical records and reports to support the claim.
11. Hiring an attorney as soon as possible after the arrest (prior to your first scheduled appearance before the court) is to your benefit - delaying hiring counsel may hurt you. It is necessary for your attorney to act swiftly in gathering information to assess your situation and develop a strategy to defend you.

C.S. Lewis: “Of all tyrannies, a tyranny exercised for the good of its victims may be the most oppressive. It may be better to live under robber barons than under omnipotent moral busybodies. The robber baron’s cruelty may sometimes sleep, his cupidity may at some point be satiated; but those who torment us for our own good will torment us without end, for they do so with the approval of their own conscience.”

Lincoln is one of my favorite presidents. 

Abraham Lincoln: “Be sure you put your feet in the right place, then stand firm.”

I have 13 years’ experience in Nebraska in felony and misdemeanor criminal law (including drunk driving, other alcohol related offenses, and motor vehicle driving violations) and in juvenile law (including criminal offenses, abuse, and neglect).  When you retain me, your legal problem becomes my problem.  I will use my experience and talent in the criminal and juvenile justice systems to help you find a solution to your legal problem.  Please feel free to email or call me.  The initial consulation is at no cost to you.  Contact me for help. EM: jeffreypgoltz@yahoo.com, Tel: (402) 817-9686.