Memorial Day 2010
The Montgomery County District Attorney's Office has announced that this weekend, Memorial Day 2010, will be a "no refusal" weekend. That means that when you are pulled over, the police will find some pretext for claiming you are intoxicated so they can draw your blood.
Should you refuse to comply if they tell you they will get a warrant and get it anyway?
YES!
Do not give your consent for your blood to be taken. You do NOT have to comply with any of their demands and it is your Constitutional right not to do so.
Do not take any tests offered, to "make sure you are OK to drive."
Do not offer any information to the police or answer any of their questions beyond your name and providing them with your driver's license and registration and possibly insurance information.
You are being videotaped and recorded all the time. Remember that the officer is going to try and make statements on the tape that you are intoxicated. Do NOT let them get away with that and your retort should be, "I am not intoxicated."
You have the right to have an independent blood test. You have the right under Texas law to have your own blood drawn after you are placed under arrest and preserved for your defense. But you have to act quickly and call our office immediately to arrange for your own test.
You should be polite to the police, but you do NOT comply with their requests for help in gathering evidence that will later be used to convict you.
You DO NOT have to take any field sobriety tests, eye tests (Horizontal Gaze Nystagmus), or comply with any requests for further information from you after you have provided your driver's license and registration.
The police will ask seemingly innocent questions such as, "Where are you coming from tonight?" Or, "where are you going tonight?"
DO NOT ANSWER.
Tell the police you do not discuss your personal life and ask if you may leave. If you are not allowed to leave, ask to immediately call your lawyer and call me at 713-882-8826 (24/7).
If the police refuse to let you leave, and refuse to let you call your lawyer, they have arrested you. You will go to jail, but you will not have given them anything that can be used against you later. In fact, you will have denied them they very proof they need to convict you of anything.
Call me when a plea is your last option . . . not your first!
