You should always decline to allow officers to search your car. If an officer is asking to search your car, even if you don’t have anything in your car, or you think you don’t have anything in your car, it’s a huge inconvenience. The officer can really tear your car apart if you consent to […]
Archives for 2017
“Would you recommend that a driver take or refuse a field sobriety test?”
I tell people that if they have had nothing to drink, or very, very little, then they should consent to the test. However, if that is not the case, a driver has the right to decline to do the Standard Field Sobriety Test and has the right to decline to give a blood or breath […]
New Mexico’s “Implied Consent Act” and medical sobriety tests
Once you’ve been arrested the officer will read you something called the New Mexico Implied Consent Act. That is a law in New Mexico that says if you drive on the roads of New Mexico, you have consented to giving your breath test, blood test, or both, depending on what an officer asks you. You […]
What if the police testify as a witness, saying “this person failed the field sobriety test”?
They shouldn’t say somebody ‘failed;’ They should say that they ‘detected a certain number of clues.’ You can’t pass or fail the Standard Field Sobriety test, but if they detect a certain number of clues, then they can say they had a reason to believe you may be driving under the influence of alcohol and […]
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