DUI Stop Atty. Issued Info Card

[Guest061614]

This is long----sorry.

I ran onto this Oregon DUI defense law firm website recently (http://www.pjclawgroup.com/oregon-dui-know-your-rights/).
The firm supplies a card with the text below to be carried and given to law enforcement upon being detained for suspicion of DUI . Any counselors interested in commenting on its validity in Texas and/or the wisdom of utilizing the same here?


IF YOU ARE STOPPED BY THE POLICE WILL YOU KNOW YOUR LEGAL RIGHTS?

If you are like most Americans, you do not know your legal rights, particularly when a roadside (traffic) “stop” or arrest is involved. Most people believe that they are guaranteed the right to call an attorney for advice. WRONG. Most people believe that thay can talk the officer into letting them go. NOT ANY MORE. Many people believe that by submitting to roadside sobriety evaluations they will be able to convince the police officer not to arrest them. NOT SO, BECAUSE STUDIES SHOW THAT UP TO TO 40% OF PERSONS WHO ARE COMPLETELY SOBER HAVE BEEN ALLEGED TO HAVE “FAILED” THESE HIGHLY SUBJECTIVE EVALUATIONS. Moreover, since these evaluations are 100% optional, why attempt to do tests that can be erroneously “graded” nearely 50% of the time? From watching TV police stories, many people erroneously believe that police can automatically search your vehicle. NOT WITHOUT YOUR PERMISSION, unless the officer has reasonable cause to believe that a crime is being committed or is about to be committed.

The “DRIVER’S RIGHTS” card found here is provided by Peter Carini in order to assist citizens stopped by police in Oregon who wish to invoke our time-honored legal protections in asserting their Constitutional and statutory rights to the maximum extent permitted by law. ANY TIME YOU ARE STOPPED BY A POLICE OFFICER, AND QUESTIONING GOES BEYOND THE MINIMUM INFORMATION NEEDED TO ISSUE A TRAFFIC CITATION, YOU SHOULD CONSIDER HANDING THE CARD TO THE OFFICER AND REMAINING SILENT. Let the card speak for you. Don’t read it to the officer. All police officers must be able to read to be able to complete their Police Academy training. These cards won’t prevent a suspected drunk driver from being arrested, so don’t expect the card to do anything EXCEPT accurately assert your rights. You can and should be cordial and cooperative with the officer. However, he or she should NOT try to compel you to talk, and should not verbally coerce or cajole you into performing voluntary evaluations.

The Driver’s Rights card is perforated, so you can keep our firm’s business card when you give the DRIVER’S RIGHTS CARD to an officer. BE SURE TO READ AND FULLY UNDERSTAND THE RIGHTS SHOWN IN THE CARD BEFORE YOU ARE STOPPED.

“The right to a trial by jury was gained through the blood of revolution and is part of the Constitution which has truly made this land of the free.” -Donald K. Ross, 1965.

DRIVER’S RIGHTS CARD

NOTICE TO OFFICER AT ROADSIDE STOP

As required by Oregon law, I am herewith tendering my driver’s license, registration and proof of insurance. They are in proper order and I have committed no crime or traffic violation. I hereby request that all my documents (including my license) be returned to me and that I be permitted to leave immediately. If you have any doubt as to my ability to operate my vehicle, I will be glad to leave my car here and have a cab pick me up. Unless you return these items to me and advise me that I can leave with my license and other documents and in my vehicle, I must assume this is more than a brief traffic stop, and that liberty is restrained, that I am under arrest, and that I must obey your orders without resistance, but I do so under coercion and protest.

I do not wish to answer any questions or make any statements at this time. I am exercising my right to remain silent. (U.S. Const. 5th Amendment; Oregon Const., Art 1 section 12; ORS 131.040(3)). I request that my attorney be present during any questioning or proceedings against me (including voluntary field sobriety exercises) and that I be permitted to contact my attorney at the earliest possible time, as permitted by the Oregon and United States constitutional law. I have the name and phone number with me at this time and would like to call immediately.

Oregon law does not require me to submit to any verbal or non-verbal field sobriety evaluations, including reciting the alphabet, the horizontal gaze nystagmus evaluation, the walk and turn, one leg stand and other such exercises. I know that these are SUBJECTIVELY GRADED evaluations, designed for me to fail. I choose not to participate in any such so-called field sobriety evaluations, unless my attorney is present when such “voluntary” exercises are performed. If you ignore my constitutional and statutory right and verbally coerce me into taking any such evaluations by telling me that my refusal can be used against me in court, I am not performing any such exercises willfully or voluntarily, but I am doing so to avoid a confrontation with you, an armed law enforcement officer who has the ability and legal sanction to use deadly force.

In compliance with the requirements of Oregon’s Implied Consent Law and the Oregon Constitution, I refuse breath, blood, or urine testing until I am given a reasonable opportunity to contact my attorney. If I am afforded a reasonable opportunity to contact my attorney, I will submit to a test of my breath, blood, urine or other bodily substances which you designate, provided the test I am offered is properly done, in compliance with basic scientifically accepted principles of chemical analytical testing, regulatory and statutory provisions; since if I refuse to submit to the test, my drivers license will be confiscated and my license will be suspended by the DMV. However, since I maintain that you do not have a reasonable or legally sufficient cause to make this request for a chemical test, my consent is given under protest and is in no way voluntary. Furthermore, I do not waive any deficiencies in the advisements you are or may give me, or in the procedures that you follow. I wish to be given a copy of the Implied Consent rights that you read to me. Any consent by me to take a chemical sobriety test is given only for devices which are operating with all electronic, software and operating components prescribed by the machine’s manufacturer properly attached and in good working order and where all pre-testing protocol and recommended observation periods are precisely followed. Otherwise, the consent is NOT voluntarily given.

I request that I be provided with full information concerning the test including a written copy of any report of the result of the test. If it is used, I wish to view any digital or numerical readout on the breath machine, pursuant to my constitutional rights to confront witnessess and evidence against me. I also desire to have an independent analysis made of any chemical tests taken by the State of my blood, breath or urine, and hereby demand that a sufficient sample of my blood, breath or urine be collected and properly sealed, and immediately refrigerated in a locked and secure refrigerator to prevent deterioration of the sample so as to permit re-analysis to be accomplished at a later date. Please honor this request for preservation of a sample by selecting a machine or type of test that can preserve a sample. In addition, if a breath machine is used I request two samples of my breath be analyzed, at least five minutes apart but no more than 20 minutes apart, and a check of the machine’s calibration to determine if its calibration is sufficiently accurate; preferably against a known-strength alcohol reference sample in a wet-bath simulator, if not that, then against a dry gas standard traceable to NIST, preferably performed between the testing of each of the two breath tests.

After the administration of your test, I hereby request that I be transported to the nearest available private medical facility which will conduct independent testing. If feasible, I will select and utilize my own physician or medical provider to administer my independent test(s). I will make my own financial arrangements upon arrival at the selected facility, will select the type of test I want and I specifically request immediate access to a phone and phone directory to arrange this. This request should not be considered to be withdrawn or waived even if I take one or more additional breath tests.

I hereby request that I be taken to the nearest law enforcement agency (which is not affiliated with your agency) that possesses an approved breath machine so that I may be given an independent breath test by an officer other than you or someone employed by your police department. I will pay for this test if there is a charge for conducting it. Any and all tests selected by me (both breath and blood) are being done as work product for my attorney, and they are confidential, as guaranteed by the attorney-client privilege and pursuant to my constitutional right to gather evidence in my defense. I do not consent to any independent sample being divided or collected for use by the State, nor do I consent to copies of test results being given to anyone except me or my attorney. Please be advised that I want the independent breath test regardless of whether I recieve an independent blood test.

I object and do not consent to a search of my person, my motor vehicle or any of my other property. Unless, I give you written authorization to search my vehicle (for “inventory” or any other purpose) and arrange for impound of my vehicle, I wish for my vehicle to remain at its present location, locked, with a note explaining that it will be removed as soon as possible, and I will arrange for a private tow of the vehicle as soon as I am provided access to a phone through your instructions. I hereby exercise my rights under ORS 811.550-811.560 to leave the vehicle at the present location. I hereby release and indemnify your police department from all liability resulting from leaving the vehicle at this location at my request.

I also demand that I be videotaped by the use of police video equipment, both at the roadside and at the police station, and that all such tapes be preserved for my later use at court so that the jury will be able to objectively determine my state of sobriety. Should video equipment not be available at the roadside, I request that an audio tape be used to record any verbal statements made during this event.

Officer, this document constitutes an official notification of my exercise of my legal rights; It should be retained for your records.

[pyramider]

DUI is not DWI.

DUI could be driving after taking a Benadryl or other OTC drug. You are fucked ant way you cut it.

[SD2011]

Want to know the best defense? Don't drive under the influence or drunk.

I lost my niece to one of those ass-wipes.

[Guest061614]

SD2011-

So sorry for that. I was guilty of this behavior for years as a younger man, and luckily never harmed anyone or encountered legal difficulty. As I aged, I never got behind the wheel after imbibing more than a couple of drinks, and now I drink so rarely it is never an issue. I found this interesting because I have never agreed with the "subjectively graded" testing methods. Science background you understand.

[fletch]

my thought is if you have to carry around a card like that (whether it would be accepted or not), you should be in a cab or private towncar and leave the card at home. btw uber is a great service, google it.