Vehicle passengers have rights, but are also subject to reasonable demands of law enforcement while they are engaged in their duties in regard to the driver of the vehicle in which you are riding. While you are required to comply with a request for identification you cannot be compelled to offer testimonial evidence (to speak) about anything else, including what happened before, during or after you got in the car or otherwise against the driver. That said, if you are a passenger in a vehicle which is stopped by the Popo and while the driver is the subject of a DUI investigation you are asked to exit the vehicle then you should be both compliant and not overly communicative. What you should not do, ever, is to start yelling and trying to halt the investigation and what you most definitely should not do is to be accused of acting so as to have grabbed for an officers gun and tried to take it out of its holster (which would / could almost surely not happen if you follow my advise and are being both compliant and not overly communicative). Many cops have short fuses, and many of those enter a given situation with that fuse already lit. Do not stoke it. Such a cop can violate you and your rights in many ways (and in a NY second), and while you may ultimately beat the rap (albeit only after spending plenty of time, energy and money) you cannot beat the ride. In these situations saying and doing less is almost always going to prove to be more. Since 1991 Michael A. Haber, P.A. has been providing creative, effective and zealous advocacy and counsel in cases ranging from DUI to drug trafficking and from misdemeanors to first degree murder. At Michael A. Haber, P.A. Its all about reasonable doubt! Michael A. Haber, Esq. is prepared to speak with you about your case! 1-888-SHARK-8-1, 305-381-8686, 305-798-2220, **ARRESTED, **305DUI, **MIAMIDUI, **MIAMILAW or **HABERLAW.
Posted on: Wed, 03 Sep 2014 12:03:55 +0000
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