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  Drunk Driving, How Do I Answer The Officer's Questions?
 


When the police pull a person over, they typically ask, "Do you know why I stopped you?" The best answer to the first question, unless the reason is obvious (e.g., you were going 85 mph with a 55 mph speed limit), is usually "No." The officer will explain why he stopped you. If the reason you were stopped is not obvious to you, you may end up confessing to traffic offenses that had nothing to do with why the officer stopped you. However, if the reason is obvious, you look dishonest when you say that you don't know why you were stopped.

Often, the police will also ask, "How much have you had to drink?" You do not have to volunteer any information to the police. If you have been drinking, you may wish to ask a question of the officer, rather than answering, such as, "Are you having problems with drunk drivers around here?" or even, "Why did you pull me over." You may also make a statement, such as, "I really need to get home." However, don't assume that the officer is stupid, and if he asks you again don't try to change the subject again. You may refuse to answer, if you think the truth will make the officer suspect that you are drunk.

What the officer is looking for is evidence that your blood alcohol may be over the legal limit. "I had a glass of wine with dinner," is probably not enough evidence of intoxication, unless you are showing other signs. "I had a couple of beers at a party," may be enough. An answer such as, "I drank a six pack, but that was hours ago," will frequently result in the administration of roadside sobriety tests. If you think your blood alcohol may be over the legal limit, and the officer is persistent, you can invoke your right to remain silent or your right to counsel. However, few jurisdictions require that the police give you access to counsel prior to your receiving a breath test, and the police may require that you take sobriety and breath tests even if you refuse to answer questions.

Redemption through a showing of remorse is a common path in society -- but, ask Joel Cohen and Katherine A. Helm, what role does remorse play in a court of law? Can people get a second chance at being repatriated into the community if they are remorseful about their actions, after they've been caught and even convicted? Helm and Cohen examine a recent 2nd Circuit ruling that sheds some light on the issue.

When she was up for confirmation, Supreme Court Justice Elena Kagan provided the Senate with a list of 11 pending cases in which she would recuse because of her participation as solicitor general. In a routine order list issued Friday, Kagan indicated she was not participating in an additional case -- the vaccine liability case of Bruesewitz v. Wyeth, set for argument Oct. 12. But the government's brief in the case is signed by Acting Solicitor General Neal Katyal, so why would Kagan have recused?

A federal suit has been filed under Florida's Deceptive and Unfair Trade Practices Act stating that Vitaminwater claims by Coca-Cola and a subsidiary are bunk. "Vitaminwater has been marketed as a 'nutrient-enhanced water beverage' that proclaims 'vitamins+water=all you need,'" the 15-page complaint reads. "In truth, Vitaminwater contains 33 grams of sugar." The lawsuit, which claims that Vitaminwater violates the FDA's "jellybean rule," is part of a burgeoning field attacking popular beverages' marketing and labeling.





 

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