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Criminal and Traffic Law Information

First things first:  Traffic laws are Criminal laws.  All of the same basic legal principals apply to them.

The traffic stop:  When you see a car at the side of the road with a police car behind it, lights flashing, what do you think?  Wonder what "that poor sucker" did?  Glad it wasn't you?  Realize that if that car hadn't been stopped and hadn't been occupying the police officer, you might have been caught speeding?   Or... do you say to yourself, "I presume that that driver is innocent" and the police prosecutor will have to prove him guilty beyond a reasonable doubt before I will be convinced to change my mind?  Most people simply wonder what the poor sucker did, presuming him (or her) guilty (why would the police officer have stopped the car in the first place?).  The point is this:  No matter who is charged with an offense, that person, guilty or not, is entitled to specific rights under our criminal justice system.  My purpose is not to go into a lengthy discussion about "Why do lawyers defend guilty persons?", but rather, to describe the basic rights to which anyone charged with any offense is entitled.  The first of these is the well known, but little practiced, "presumption of innocence".  Anyone charged with any criminal offense is absolutely entitled to be presumed innocent, and to be found innocent, unless and until the prosecuting authority presents evidence in court which convinces a judge or jury of guilt "beyond a reasonable doubt".  This right is waived (given up) by a plea of guilty (or, in the case of a traffic ticket, a waiver). 

So, how should you act when stopped while driving your car?
First, be polite.  I don't care how bad a day you just had and neither does the police officer.  I don't care if you think the police officer treated you unfairly or was rude to you.  You stand a better chance of beating the ticket at the time of the stop than you ever do in court.
Second, do not unfasten your seat belt until you are asked for your drivers license and then only if you cannot reach it with the seat belt fastened.  Why risk a second ticket for not wearing the seat belt when you were wearing it in the first place? 
Third, if asked a question such as, "do you know what you just did?", answer only that you don't know what you could have done to cause him (or her) to stop you.  Do not argue with the officer about whether or not you did, or did not do the thing you were stopped for. It is true that "the best opportunity to beat a traffic ticket is just before it is written" but disagreeing with the officer or arguing with the officer may only serve to make you more memorable to the officer when the matter does get to court. 
Fourth, do what the officer tells you to do.  This may include performing physical actions or reciting the alphabet and yes, the officer may request you to do these things as he or she is making the decision whether or not to charge you with DWI. 
Fifth, ask to call an attorney as soon as you are told that you are being arrested.  Do not ask the police to place the call for you or to choose an attorney for you.  Being prepared may include knowing ahead of time who you may want to call if arrested. 
Test or no test?  Attorneys are asked this question frequently:  If I am arrested for DWI and the police want me to take a breath test (or urine test), what should I do.  I happen to believe that you should go ahead and take the test.  There are many ways to attack the results of the test, but few ways to combat a refusal to submit to the testing.  A refusal will result in an immediate suspension of your drivers license and although hearings may be had on the issue of the suspension, it is most often upheld.  In addition, the suspension for refusing the test may be a  longer suspension than that for conviction of a (first offense) DWI.  Testing "over the limit" (in Ohio, 0.010 %) will also result in an immediate (administrative) suspension of your drivers license, but you may be able to get it back at your first court appearance or you may be able to get a driving privilege under a court order even 'tho your license is suspended.