#InCourt Today

  • K. Lawson Wellington,
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DUI (Refusal) trial. “Show me the video*.” Defense request for continuance granted.

Today’s DC DUI Lawyer Tip:

REFUSE all field sobriety tests – HGN/pen or flashlight test, Walk & Turn and One-Legged Stand. These are designed to gather evidence to use against you in a DUI prosecution. There is ZERO negative consequence to your driving privileges if you refuse these tests. However, you say, “I’ve heard of too many instances where refusal resulted in arrest. Is that the temporary sacrifice needed?”Answer: It is one response. Arresting you under the circumstances, with this limited evidence, amounts to the officer’ ‘punishing’ you for REFUSING to give him the evidence to USE against you. Understand, he’s drawn a conclusion already that you are influenced/impaired and is simply trying to confirm/gather evidence of that SUSPICION. #REFUSE! That refusal cannot be used negatively either at DMV, MVA or in a trial. You are exercising your constitutional right against self-incrimination. It is not unlike Miranda (warnings) and your right to remain silent.

In other blogs I have consistently advised: #SayLESS, #DoLESS! If stopped for suspicion of DUI in Washington, DC, provide the officer with your license, registration and insurance and nothing more. Strive to be polite. Interestingly, I went to a DUI CLE once and the lecturer said this is what police officers advise their children, family and general circles.

The Standard Field Sobriety Tests (SFSTs) is different from the Breath, Urine and Blood tests at a station IF arrested, however. Then there can be consequences for a chemical refusal at DMV or MVA. In that scenario, always request to speak to an attorney and, if refused, balance the consequences in light of how much alcohol may or may not be in ones system – a DUI conviction on one hand or loss of driving privileges, in MD, for 270 days and DC for twelve months, on the other. #‎ConductYourselfAccordingly‬ ‪#‎DMV‬ #‎DCLawyer‬ ‪#‎InCourt‬

Here’s my card: www.wellingtonlawdc.com If you, or someone you know, need help, give us a call. We will #help!

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It is important to contact a Washington, DC DUI defense attorney if you are facing drunk-driving charges in the District of Columbia. A DUI matter can have potential devastating consequences and an experienced DUI defense lawyer can make all the difference. If you, or someone you know, need legal assistance with this or a similar matter, call and ask to speak to one of our experienced DC DUI trial lawyers today: 202.486.1186.

 

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