05/24/2026
So you're driving at night - maybe you've had a few pops but are otherwise fine - and you get pulled over. The police officers will do this... One will come to your driver's side door and ask for your driver's license and insurance. Another will come to the other side of the car and use a flashlight to look into your car. The officer will ask, "Do you know what you did?" You say "I don't believe I was speeding." He'll next ask, "Where have you been and where are you going?" He's going to be in your face because they want to smell liquor/beer. Your first instinct will be to cooperate in an effort to be released so you can go home. Here's where the legal concept of "full heart and empty head" can get you... The Police have no right to ask for anything but your drivers' license and proof of insurance. If they are writing you a ticket for a traffic violation they can return to their patrol car, write it up - hand it to you and leave. Unless they have probable cause, that's it. Many times they'll ask you - can we search your car? For whatever reason, people consent and are then out of the car. If you're out of the car - odds are you're not going home that night. Do not consent. Say, "Is there a problem officer, I don't believe you have the right to search my car unless I consent - so respectfully no." The cop on the other side of the car is looking for probable cause. His flashlight looking at the seats and floorboard for open containers or unopened containers. If you're bringing home some of that left over beer, put it in the trunk or under a seat. You are being video taped this whole time so you're making video for the courthouse. If they believe they have probable cause, they are going to ask you to get out of the car. You'll get patted down and here are the typical things that people get popped for. 1) a pocket knife with a blade longer than 3" is usually considered a weapon. 2) pill bottles with the wrong medications inside. You can't put your favorite pain pills in a bottle in case you need them on a job site, etc., 3) any ma*****na or alcohol or related paraphernalia. 4) a gun. If you're a single male 21-40 years old and its 10pm to about 3am - you're a hot target. Own that reality and plan accordingly. Naturally, if you're drunk - do not drive. If you're a young woman in that same age group - you're in the growing class of people popped for drunk driving. Women have only recently out paced men for drunk driving. Wine and vodka seem to be their downfall. Be careful out there. If you need a lawyer and don't want to call me - here's the first question you ask them... "How many of these cases have you had thrown out?" About 15% of these cases can be won, but its difficult work. I recently had a client whose blood alcohol content BAC was three times the legal limit. I got the person a reckless driving by proving the consent for a blood draw constituted an illegal search and seizure - so the evidence was thrown out. I swear - when you can do that - its like watching a unicorn walk through the courtroom. Damndest thing. If you want, put my cell phone in your phone as "lawyer jeff" (313) 618-9103 - if you're popped in a traffic stop - call me at any time of the day or night. If I don't answer, leave a message and the minute I get it I'll call you back. You might be a great person, and you might be single and just trying to mingle - but to the police, the courts, the lawyers, and the car insurance companies - you're an ATM. Nothing is more affordable than a $40 uber.