PART I: Tips For When You Are Being Pulled Over
PART II: Tips For When You Are Issued A Traffic Ticket
PART III: Tips For When The Officer Suspects You of DWI or DUI
PART IV: DWI Blood Alcohol Charts (Over 21 years old and 18-20 years old)
PART V: Top Ten Auto Insurance Myths
Part I. Tips For When You Are Being Pulled Over
We hope you never get pulled over. But, if you do, what you do at that moment can seriously affect your life! It is important to do the right thing and to keep your head. These few simple tips can not only help your case should you get a ticket, they could save your life!
When you first see the emergency lights
You are minding your own business, driving down the road. All of a sudden, there are flashing lights in your rearview. For a second, your wonder if he is after you or just wants you out of the way. Well, either way, your job is the same. When you see emergency lights (whether it is police, firemen, or EMT's), immediately pull over to the right side of the road safely and quickly. Use your blinkers and don't cut off other drivers. Don't pull over until it is safe and don't slam on your brakes, which could cause an accident.
When you realize the police officer is pulling you over
If the police car has switched lanes with you and remains directly behind you even though you have pulled over to the right, he is pulling YOU over. Don't be frightened. Try to pull over quickly and use your blinkers. Pull all the way over to the right shoulder of the road and make sure the police officer has room to safely walk to your driver's side window without getting hit by traffic. Again, don't slam on your brakes and don't continue driving on the shoulder. Remember that pulling over immediately is NOT an admission of guilt.
When the police officer first approaches your car
If you have nothing to hide, it is often a good idea to take a few simple steps which will increase your chances of getting off with a warning. First, if you are stopped at night, turn on your interior lights. This will allow the police officer to get a clear view of you and can put him more at ease (remember, you may still have a chance at talking your way out of this). Roll your window all the way down and keep your hands on the steering wheel. Don't go immediately into your pants or your glove compartment and don't get out of the car unless the officer instructs you to do so. If you have a legally registered gun in the car, you should calmly let the officer know, but don't reach for it under any circumstances. Be polite and courteous. Being polite is not an admission of guilt either. And you do NOT have to indignantly ask the police officer why he is pulling you over. It is much better to simply tell the officer, "Good evening, Officer."
The thing to remember here is that, especially at night, the officer is just as apprehensive as you are about the stop. He doesn't know whether you are Joe Citizen or an escaped convict. Putting the officer more at ease can never hurt and it almost assuredly will increase your chances of getting off with a warning for a minor traffic offense. Also remember that the officer does not consider this stop to be personal. It is his job to stop speeders and other traffic violators. Don't make it personal to him. Remain polite and courteous. Be courteous, but don't offer too much information. Try to keep your answers short.
In many instances, minor offenders are released with a warning when they follow these simple steps. In those cases where a ticket is issued, we have more tips in Part II, below. For those more problematic stops for Driving While Intoxicated (DWI), you should also read Part III and Part IV, below.
Part II. Tips for When You Are Issued A Traffic Ticket
If all of your charm and reasonable explanations have failed and you know you are getting a traffic ticket, you will want to do a few things that can mean a lot down the road when you go to court.
Take a good look at the police officer issuing the ticket to you. It will help you if you can recognize the ticketing officer's face later when you are in court.
Read the officer's name off of his or her name badge. You will want to know the ticketing officer's name when you go to court and it is almost always impossible to read the name off of the ticket itself.
Take a good look at your surroundings. Take note of everything, such as the street address or mile marker where you were stopped and where you were pulled over, the exact time, the road conditions, the weather conditions, even what you are wearing. Often times, something that seems trivial at the time of the stop ends up being a crucial issue at trial. The more you remember about the stop, the better armed we will be when we go to trial.
You actually DO want to "return to the scene of the crime". Whoever said, "They always return to the scene of the crime," was probably talking about someone who knew what he was doing, if the "scene" they were referring to was the scene of a traffic stop. If you can do it with safety and relative ease, it is often a good idea to double back to the scene of the alleged traffic violation to see what that area looks like. For example, if you were cited for speeding, go back to see if the speed limit was posted. If you were cited for speeding in a school zone, go back to read the sign and make sure that the school zone was actually in effect at the time you were stopped. If you were cited for an illegal U-Turn, go back to make certain that there is a "NO U-TURN" sign at the intersection. Take in all the sights at the scene and commit everything to memory. Be extra careful when doing this. The last thing you want to do is to get ticketed twice at the same location!
Talk to witnesses. If you can do so with safety and relative ease, you may want to talk to any witnesses who may have seen the incident. This is especially true if you were involved in a motor vehicle accident.
Don't give any statements. Don't give any statements about the incident to anyone, including the police and any adjusters who might call. This is also especially true is you were involved in a motor vehicle accident or if there are any serious charges against you, such as DWI (see Part III and Part IV below).
Call your attorney! The next business day, call attorney Andre' Guichard at (504) 366-6180 or email Mr. Guichard at NOTrafficTickets@aol.com. We are here to help you. Let us know if you were involved in motor vehicle accident along with your traffic ticket. We can represent you in both matters and protect your rights to the fullest extent of the law!
A traffic stop for suspected Driving While Intoxicated can be drastically different from the normal traffic stop. The major thing to remember in these types of stops is not to give any evidence against yourself, if you believe you may be guilty of DWI. If you have been drinking, but you are certain you are still under the legal limit (see the chart in Part IV, below), don't be afraid to tell the officer or to take the test if asked. It is not illegal for an adult to have a glass of wine with dinner and drive home. It is only illegal to have SEVERAL glasses of wine and then drive home.
Either way, it is always best to know your rights and to stay informed. That's why we are here.
DWI's - The "Field Sobriety Test"
If the police officer suspects you have been drinking, he may ask you to take one or several "Field Sobriety Tests". These tests often include walking in a line heel-to-toe; the Horizontal Nystagmus Gaze Test, which tests the point at which your eyes fail to follow movement smoothly; saying portions of the alphabet; counting backwards; touching your finger to your nose with your eyes closed; and keeping your balance on one leg for several seconds. These tests, and others commonly used in the New Orleans area, are designed to determine whether the suspect (that's you if the police officer has asked you to take these tests) is legally intoxicated. The tests are not extremely accurate and many of them are extremely subjective. You do not have to take these tests! It is your right to refuse all testing, including Field Sobriety Tests, as well as Intoxilyzer breath alcohol tests.
If you have not been drinking, or if you have had only a couple of drinks, you may want to submit to these tests. As we said before, the tests are not scientifically objective and not very reliable as evidence in court. However, if you can demonstrate to the police officer that you are not legally intoxicated by taking the Field Sobriety Tests, your chances of walking away may be pretty good. On the other hand, if you have been drinking more than a little, or if you have some physical or mental condition that you believe might cause you to fail the tests, it is your right to refuse them. At the least, let the officer know about any condition you may have which would preclude your taking any of the tests.
DWI's - The "Breathalizer"
If you are arrested for DWI, you will be taken to the police station and asked to take the "breathalyzer" test (actually, in the New Orleans area, the police use the "Intoxilyzer 5000" machine, which is a similar machine to the Breathalyzer machines). You do not have to take this test. It is your right to refuse all testing and only YOU can waive that right, unless you were involved in an accident with death or serious injury and alcohol is suspected. Once you have been arrested and have been taken to the police station for testing, obviously, the officer believes you are intoxicated. If he is right, there is no reason to give the state scientific evidence to prove his suspicion.
If you don't believe you are legally drunk, go ahead and take the test. The decision is yours. Just remember that no one can make you take the test. If you want to refuse, you have that right!
If you refuse to take the test, your license may be revoked for six months by the Department of Motor Vehicles. The police will tell you this if you refuse to take the Intoxilyzer test, but it is still your choice.
Part IV. DWI Blood Alcohol Charts
To see the effect of alcohol on your system, view the following charts. Match the number of drinks consumed by you in one hour to your body weight. One drink is equal to one 12 oz. serving of beer, one 8 oz. glass of wine, or one 1 1/2 oz of 80 proof liquor.
The charts are estimates based on averages. Individual results may be greater or less depending on several factors. Other factors such as an empty stomach, illness, medication, and other physical and emotional factors can also make individual results vary greatly.
CHART 1: 21 Years and Older.
The following chart shows the legal blood alcohol limits as of September 30, 2003, for persons in the State of Louisiana who are 21 years of age and higher. Note that the legal limit for persons 21 and over lowers after September 30, 2003, to .08%, instead of .10%.
The legal limit for persons 18 to 21 remains at .02%. For persons under 21, see the Chart 2, below. Note that almost ANY alcohol in the system of a person under 21 will be enough to place that person over the legal limit.
CHART 2: 18-20 Years.
The following chart shows the legal blood alcohol limits as of September 30, 2003, for persons in the State of Louisiana who are 18-20 years of age. The legal limit for persons 18-20 is .02%. Note that almost ANY alcohol in the system of a person under 21 will be enough to place that person over the legal limit.
Part V. Top Ten Auto Insurance Myths
Myth
#10 "If
I just pay a traffic ticket fine instead of fighting the ticket, my insurance
rates will not go up."
False. If you pay the fine, you are pleading guilty. Guilty pleas on
moving violations are reported by the state to your insurance company as and may
be used by the insurance company as a basis for increasing your rates or even
cancelling your insurance policy.
Myth
#9 "The color of my car affects my insurance rate."
False. The color of your car does not impact your car insurance rate. What does
influence your rate is your vehicle's year, make, model, body type, engine size,
credit history and driving record.
Myth
#8 "If I lend my car to a friend and that friend is in an accident, his or
her insurance company will pay for the damages."
False.
Your car, your responsibility! And guess what, even though you weren't present
at the time of the accident, you still will receive a mark on your insurance
record and your insurance premium could possibly go up.
Myth
#7 "My insurance rate is set by the government."
False. While Louisiana does have an insurance commissioner who oversees the
insurance industry, the government has almost nothing to do with your car insurance rate.
Things such as where you
live, your credit score, marital status and your driving record are what actually
affect your premium.
Myth
#6 "I recently paid my insurance premium, so the new car I just purchased
is covered."
Not necessarily. Most automobile policies require that the policyholder notify
the insurance company or agent within a specified number of days, if indeed
coverage is desired for the newly purchased vehicle.
Myth
#5 "It's a fact, males under the age of 25 pay more for auto
insurance."
True and False. Males under 25 years old can potentially pay more for car
insurance than female drivers. However, across the board, teenagers and mature
adults pay more for auto insurance, due in large part because these age groups
are typically involved in more automobile accidents.
Myth
#4 "My credit score has no affect on my insurance rate."
False. Your credit score really does matter! Many Insurance companies take your
credit score into consideration when deciding to increase or renew your auto
insurance coverage.
Myth
#3 "Even without comprehensive coverage, I'm still covered for theft,
windstorms, hail and deer accidents."
False. Many drivers believe that if they only purchase collision insurance,
which covers accidents involving objects, that they will also be covered for
incidents that involve vandalism, hail, animal accidents and fires. That simply
is not true. You need to purchase both collision and comprehensive coverage in
order to fully protect your vehicle from all of these situations.
Myth
#2 "My personal auto insurance covers both my personal and business use of
my car."
False. If you occasionally use your personal car for business purposes such as
transporting clients, going to and from meetings or hauling business equipment,
then you will more than likely need to extend your personal car insurance to
cover your business use as well. Plus, if your employees use their car while
working for you, you will want to also obtain a separate non-owned car insurance
policy.
Myth
#1 "I've never had or been involved in a car accident, so I don't need
automobile insurance."
False. Some drivers are lucky enough never to have been or to be involved in an
accident. However, if by chance you do have an accident, your risk of losing
everything is great. Car insurance is the best protection you can have in the
event an automobile accident occurs. It's also a legal issue - you are required,
by law, to have some basic form of auto insurance, and failing to do so carries
some fairly strict punishments.