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Thursday, 07 July 2011 14:37

Smart ways to handle a traffic stop

Written by  John A. Birdsall

"Silence is safer than speech." —Epictetus (c. 50–120 A.D.)

 

A driver's license is a privilege, not a right.

By accepting a license, you impliedly consent to giving a blood, breath, urine sample for testing of alcohol content if arrested for OWI. Failure to comply without legitimate (mainly medical) reasons will result in a 1 year driver's license suspension and will count as a prior OWI even if you are acquitted or the charges reduced/dismissed.

If you have been drinking, most people are their own worst enemy.

You are NOT obligated to talk to the police and you SHOULD NOT answer questions about where you were, how many drinks you had, when you last ate/slept, etc.

If you think that you are headed for trouble, keep your mouth shut and contact your attorney immediately.

Don't think you will talk your way out of trouble - you won't. You will only give them information that, while seemingly harmless to you, will be manipulated and written up in the worst light possible. In other words, talking will almost always hurt you.

Do not resist, hinder or obstruct the police in any way. This will only aggravate the situation and, likely, result in criminal charges of obstructing an officer.

Be polite and diplomatic. Yelling and being confrontational is nearly always a losing strategy.

 

"Silence is as full of potential wisdom and wit as the unhewn marble of great sculpture. The silent bear no witness against themselves." —Aldous Huxley

John A. Birdsall

John A. Birdsall

In more than 20 years of practice, John Birdsall has earned a reputation as one of Milwaukee and Wisconsin’s most trusted criminal defense lawyers. A veteran of more than 130 jury trials, mostly serious felonies, he has an acquittal rate three times the Wisconsin average.

 

John is a member of the board of directors and a past President of the Wisconsin Association of Criminal Defense Lawyersand is the past Chairman of the Criminal Law Section of the State Bar of Wisconsin. He also serves as a member of the Wisconsin "Sentencing Commission," which is trusted with the development of sentencing guidelines for state judges.

 

He holds an "AV" rating (the highest available) in Martindale-Hubbel's

Bar Register of Preeminent Lawyers.

 

His practice is focused exclusively on the defense of the wrongly accused. He has written and lectured broadly on criminal law topics such as warrantless searches, coerced confessions, prison overcrowding, and truth-in-sentencing.

 

He earned a Bachelor of Arts with Honors from the University of Wisconsin-Madison in 1986 and a Juris Doctor from the University of Wisconsin Law School in 1989 where he was named to the Dean's List.

 

Contact John A. Birdsall