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Talking too much. Don't volunteer information
or answer questions unless your lawyer is present. For
instance, the police certainly will ask you if you have
been drinking and how much. Do not lie to them, do not
tell them the truth. Simply say that you do not wish
to answer and wish to remain silent until you can seek
legal advise. They will argue with you and you will
have to stick to your polite request. You must do what
you are told, but you do not have to talk. This is very
hard to do, the police are very good at making you nervous.
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Not contacting a lawyer promptly. Call
us that night if you can. If not call the next day.
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Not sending in your request for an administrative
hearing within seven days. The officer gave you two
pink or yellow sheets of paper. The second one is a
request for a hearing on your driver's license. You
driver's license is not controlled by the court and
you have to make a request for a hearing on that aspect
of the case. Do so. Do not let the seven days pass even
though the hearing may not be fair or adequate.
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Do not give permission to search and
ask to allow you to put in writing that you do not consent.
Write your refusal to consent on any form you are given
or repeat it on any videotape if they search anyway.
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Do not plead guilty until and unless
you have talked with an attorney who has had training
and experience trying these cases. Many of these cases
can be won.
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Do not hire an attorney who does not
have the experience and training necessary to evaluate
and if necessary try these cases. These cases are unique
and must be handled by people who practice regularly
in this field
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Do not sign or do anything until you
understand what you are asked to do. This, again, is
not easy as the police will insist that you must understand.
After you have been graded poorly on the field sobriety
tests for something you did not know about, it is too
late to say you did not understand. Ask them what they
will be looking for and how the tests will be graded.
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Do not tell them about your medication.
They will use this against you. If they ask if you are
sick or hurt or taking medication, tell them you will
be glad to answer as soon as you have talked with an
attorney. They will insist that you are not entitled
to talk with your attorney until after their test, so
do not give them information until after you are allowed
to talk with your attorney.
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Do not lie to anybody, including your
lawyer. The best way not to lie is to simply say nothing.
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Do not admit anything. Simply do not
discuss the matter.