Flashing lights in the mirror, a flashlight in your face, commands delivered quickly by someone with a gun and total authority over the next twenty minutes of your life. Feeling overwhelmed is not weakness; it is the intended effect. Brian Foley explains how to handle it in this video.
Decide the plan before it happens
You will not think clearly in the moment. That is why the plan has to exist already.
Hands. On the wheel, or visible. Do not reach for anything until asked, and say what you are reaching for before you do it.
Documents. License, registration, insurance. In Texas you must identify yourself if lawfully arrested, and as a driver you must produce your license on request. Hand them over without commentary.
Tone. Polite, calm, brief. "Yes, officer." "No, officer." Arguing, sarcasm, and lectures about your rights do not help you and are recorded.
The sentence. When questions begin — where are you coming from, have you been drinking, is there anything in the car — say: "I'd prefer not to answer questions. Am I free to go?" If you are detained: "I want a lawyer."
Consent. If asked to search, to perform sobriety tests, or to blow into a roadside device: "I don't consent." Refusal is your right and is not evidence against you.
What not to do
Do not run. Do not resist. Do not lie. Do not touch the officer. Do not try to talk your way out of it. Every one of those turns a ticket into a charge or a charge into a felony.
After it's over
Write down everything you remember while it is fresh. Then call a lawyer — before you talk to anyone else about what happened. Brian Foley and Luis Baez reviewed thousands of roadside encounters as prosecutors. Call or text (409) 877-4909.