What If You Get Pulled Over

Worried young driver caught on driving after alcoholWe all know that you should never drink and drive. However sometimes people do things they know they shouldn’t. If you get pulled over there are some things you should do,

First of all, don’t do anything to draw undue attention to yourself and make sure you don’t do anything to make the officer uncomfortable. Roll down the window and keep your hands on the steering wheel where the officer can see them. Don’t pull out your license and insurance information until they ask you to do so.

When they ask you basic information, like name and address, answer them. Don’t volunteer anything. If they ask you if you have been drinking, you don’t have to answer. You can just say that you don’t want to answer their questions. This, however, is going to make them suspicious.

If they ask you to take a field sobriety test, you don’t have to take it. If is not against the law to refuse to take the test, and it is not an admission of guilt. However, if you refuse to take the test, most likely they will arrest you and take you to the police station.

When they get you to the police station, they will want to give you a blood or breath test. Don’t refuse. If you refuse to take the blood or breath test, your license will be suspended for a year, and they will probably charge you with driving under the influence anyway.

If you are charged with driving under the influence, you should consult with an attorney as soon as possible. Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.

 

Jury Nullification

What is jury nullification and how does it work?court hearing

Jury nullification takes place when jurors acquit a defendant who is factually guilty because they disagree with the law as written. For example, juries who disagree with marijuana laws might acquit defendants who had been caught red handed with marijuana.

Is it illegal to mention jury nullification?

According to the U.S. Supreme Court, juries have no right to ignore the law when rendering the jury’s verdict. However, nullification still occurs in certain cases. … Some judges forbid any mention of jury nullification in the courtroom.

What causes jury nullification?

Jurors may wish to nullify for a number of reasons, including a belief that the law is unjust or unjustly applied, belief that the penalty for violating the law is too harsh, or belief that there are mitigating circumstances that would make strict enforcement of the law unjust in a particular case.

Which states allow jury nullification?

Far from being an unintended side-effect, jury nullification is explicitly authorized in the constitutions of 24 states. The constitutions of Maryland, Indiana, Oregon, and Georgia currently have provisions guaranteeing the right of jurors to “judge” or “determine” the law in “all criminal cases.”

Do all 12 jurors have to agree?

Jurors are NOT required to deliver a verdict for all, some, or any charge at all that they are asked to consider. When jurors report to the judge that they cannot agree in sufficient number to deliver a verdict, the jury is said to be “deadlocked” or a “hung jury”.

Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.