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Email: dwgenis@msn.com Print this out and place it in your wallet or purse in case you are ever stopped and accused of DUI.Checkpoints do little to get dangerous drunks off the road. Rather, they instill fear in people who have a glass of wine with dinner, a beer at a ball game or a toast at a retirement party. by Radley Balko; The Los Angeles Times; Dec 9, 2002 Roadblocks and other enforcement methods which target social drinkers are used frequently in Santa Barbara and throughout California and those enforcement efforts will continue to increase. PROTECT YOURSELF Carry the below advice with you at all times. Officer, I did not want to enter this roadblock and have my freedom of movement inhibited without probable cause, but I could not avoid it because by the time I saw your roadblock signs, there was no place for me to legally turn and avoid your roadblock. If you intend to cite me for some violation of law, please do so without delay so I may leave immediately. If I am under lawful arrest and you intend to question me, I will not answer any questions without my attorney. I will not perform any voluntary balance or coordination tests or breathe into any portable breath testing device not mandated by the implied consent law in order for me to avoid license revocation. If you cannot say you do not suspect any drugs as causing the objective symptoms you claim to observe, then I demand my right to take a urine test pursuant to VC sections 13384, 23158, 23612 & 23614. I want a re-testable sample, but I do not want to be exposed to pain, discomfort or the possibility of being infected with any disease. I request that you attach this card to your arrest report and DS 367 addressing both probable cause and implied consent and that you video tape the implied consent admonition. I do not waive any of my statutory or constitutional rights and I demand that I be given my phone calls within 3 hours of booking. I want my first call to be to my attorney Darryl W. Genis at 966-0812. I want my 2nd call to be to my home or cell phone answering machine in order to record my voice. This is not a guarantee against arrest (in fact it may increase your chances of being arrested) or a conviction. However, it will increase your chances of getting the case dismissed. This is what I would do if I found myself being forced to enter, what in my opinion is, an illegal roadblock. If you are stopped other than at a roadblock, while driving, CLICK HERE for a card to present. Remember: If you are arrested for DUI, you must call the DMV within 10 days of your arrest to request a hearing to save your driving privilege from being automatically suspended.
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