traffic/dui stop rights to use phone?

[commoncents]

What is the name of your state (only U.S. law)? MN

What are the rights for a driver in a traffic/dui stop to immediately call his attorney during the stop? Perhaps even leaving attorney on speakerphone during the process? Are there provisions in the law or any prohibitions to speaking with an attorney during a stop? Or even having the attorney speak to the officer via speaker phone?

thank you.

[racer72]

There are no rights to use the phone or call an attorney during the stop. Your phone call and right to an attorney come after you are arrested.

[commoncents]

So are you saying there are laws that say you cannot call or have an attorney on speakerphone during your stop?

Let's say you see the lights come on behind you, you pull over and immediately have your attorney on the line and let the officer know.

I believe law enforcement has dash cams to record stops in many cases. Is there anything preventing someone being pulled over to essentially do the same?

the point I am getting at is "an ounce of prevention is worth a pound of cure!"

Thank you!

[BigMistakeFl]

That's right.... you don't get a phone call, you do not have the right to speak to an attorney before they test you, and you do not get Miranda rights.

[commoncents]

Thanks for the info!

I read somewhere where officers have access to a hotline w/ a DA to decide what appropriate charges to file, and since they have dash cams that record, the person being pulled over would have similar rights.

I guess we are on our own until we get cuffed

[paguy88]

Originally Posted by BigMistakeFl

That's right.... you don't get a phone call, you do not have the right to speak to an attorney before they test you, and you do not get Miranda rights.

WHat the OP should know is that you do not have the right to make any calls while being pulled over...

You do have the right not to anwser ANYTHING the cop asks except for your ID name addy and insurace info. after that You dont have to say one damn word.

I recall reading that I think in washington after the arrest for DUI and request for Blood breath the Arrested person does have at that point so much time they can seek a attroney. Not many state let you do that, IMO is obserd and totally goes againt what is done under any other type of a arrest and is a violation of our rights. this is all after the arrest of course.

[CdwJava]

There are legitimate safety reasons why an officer can - and generally SHOULD - have a person get off the phone at the scene of a stop. The first time you have somebody stopped and a car load of his friends arrive looking like rejects from some Tupac look-alike contest, you will feel the power of the pucker factor and understand why it is important to have them shut off the phone.

Nope. You do not get to make a phone call from the scene unless the cop lets you.

- Carl

[paguy88]

The first time you have somebody stopped and a car load of his friends arrive looking like rejects from some Tupac look-alike contest

lol why do I think this has happened to you...

[Isis1]

Originally Posted by CdwJava

There are legitimate safety reasons why an officer can - and generally SHOULD - have a person get off the phone at the scene of a stop. The first time you have somebody stopped and a car load of his friends arrive looking like rejects from some Tupac look-alike contest, you will feel the power of the pucker factor and understand why it is important to have them shut off the phone.

Nope. You do not get to make a phone call from the scene unless the cop lets you.

- Carl

if this hasn't happened to you, then you should know who this happened to. i swear i have actually seen this happen. not funny then, but i am seriously laughing so hard my chest hurts.

[CdwJava]

Yes, it really happened to me, and it was at that moment that I found out that I had muscles that constrict in places I was not aware of ...

When this happened, Tupac was still alive!

- Carl

[BigMistakeFl]

Another reason why you're not allowed to consult with an attorney, calls, wait for him/her to show up and represent you, is that the evidence (blood alcohol content) disapates. This evidence has to be collected withing a set amount of time.