What Should I do if:

I am in a car accident or have been injured.
I have been stopped by the police.
I have been arrested.
I have been arrested for Drunken Driving (DWI).

WHAT SHOULD I DO IF . . .. . . . .

I AM IN A CAR ACCIDENT or HAVE BEEN INJURED?

CALL 911 IMMEDIATELY

• When officers arrive, write down each officer’s name and where they work
  (Sheriff’s Department, City Police Department, or State Patrol).
• Do NOT give any information or make any statements to police officers, other drivers or passengers, or any other person involved regarding whether you believe that the accident was your fault.
• Request that the responding Officer send you a copy of the report.

Obtain as much INFORMATION as possible about all persons involved

• DRIVERS: the names, addresses, telephone numbers, driver’s license numbers, and insurance companies of all drivers involved in the accident.
• VEHICLES: the year, make, model, and license plate number of all cars involved in the accident.
• WITNESSES: the names, addresses, and telephone numbers of all witnesses, including the passengers in every involved vehicle. Ask the witnesses what they saw. Note the specific phrases that the witnesses use to describe the accident.

Make a DIAGRAM

• Draw a diagram of the accident scene, making sure to note the positions of all involved cars both before and after the accident.

PHOTOGRAPHS

• Take numerous photographs of the accident scene.

PROPERTY DAMAGE

• Following the accident, take pictures of your car as soon as possible.

Get an ESTIMATE

• Bring your car to a body shop of your own choosing and have the body shop
  provide you with an estimate.
• Do NOT let the insurance company pressure you or force you to take your car to a body shop of its choosing.

PHYSICAL INJURIES

• Take pictures of your own injuries.

DOCUMENTATION

• Write out a chronology of how the accident occurred:
• What time did the accident happen?
• Where were you coming from and where were you driving to?
• How did the accident happen?
• Was the other driver on his or her cellular telephone?
• What did the other driver(s) say after the accident?
• Did the other driver(s) say whether it was his/her fault?
• Was the other driver speeding?
• What were the weather conditions (foggy, sunny, etc.)?
• What was the condition of the road (wet, icy, etc.)?

See a DOCTOR

• If you are experiencing any pain following the accident, you should consult a doctor immediately.

INSURANCE COMPANIES

• Do NOT give any statements to the insurance companies without first
  consulting an attorney.
• Do NOT sign any documents without first consulting an attorney.
• Do NOT settle your case without first consulting an attorney.
• Do NOT let the insurance company or its adjuster convince you of the value of
  your claim. Consult an Attorney on this issue.

CONSULT WITH AN ATTORNEY

• An Attorney can advise you of your legal rights, the strength of your case and its likelihood of success.

WHAT SHOULD I DO IF . . . . . . . . . . . .

I HAVE BEEN STOPPED BY THE POLICE?

DO NOT ANSWER ANY QUESTIONS

• If a police officer stops you, under the law you are not obligated to answer any questions or volunteer any information, other than providing your name, address and date of birth. There is nothing wrong, and it is safest for you to simply say, “I do not wish to answer any questions or speak with you.” Unless you are under arrest, the officer must allow you to leave. If he or she does not allow you to leave, you are essentially “under arrest” and should follow the procedures listed below.

WHAT SHOULD I DO IF . . . . . . . . .

I HAVE BEEN ARRESTED?

REMAIN SILENT

• Whether you are arrested or not, you are not required to answer any questions or give any statements. The fact that you remain silent cannot be used against you. Th only information you must provide is your name, address, and date of birth.

Do NOT let yourself be pressured into answering the officer’s questions

• Police officers might tell you that they want to hear your side of the story or that things will be “easier for you” if you answer questions. Do NOT answer any questions. Every word you say is evidence that can be used against you.

Tell the Officer that you WANT TO SPEAK WITH AN ATTORNEY IMMEDIATELY and REFUSE TO ANSWER ANY QUESTIONS

• Ask to speak with an attorney and only give basic information (your name, address, and date of birth). Refuse to answer any questions without your attorney present.

MIRANDA WARNING

• If you are arrested and are subjected to custodial interrogation, you will most likely hear the Miranda warning (“you have the right to remain silent . . ."). When you hear the Miranda warning, ask to speak with an attorney and do not say anything else until you speak with an attorney. Remember that any statements you give voluntarily can be used against you.

WHAT SHOULD I DO IF . . . . . . . . . . . . .

I HAVE BEEN ARRESTED FOR DRIVING UNDER THE INFLUENCE (DUI)?

CALL AN ATTORNEY

• The officer must inform you of your right to talk with an attorney before deciding whether you want to submit to a chemical (blood, breath or urine) test. Whether the officer informs you of this right or not, ASK to make this call. Under the law, you must be given a reasonable period of time in which to contact an attorney.

Request an INDEPENDENT TEST

• Even though you have a constitutional and stautary right to have an independent test, police officers are not required to tell this. TELL THE OFFICER THAT YOU WANT AN INDEPENDENT TEST. The attorney that you speak with should be able to arrange this test.

DOCUMENT DETAILS

As soon as possible after your arrest, write down the following:

• What did the officer give you as his/her reason for stopping you?
• Did the officer actually see you driving?
• If you were not driving but were in the car, where were you seated and where were the keys?
• What time did the officer pull you over?
• Did you admit to drinking alcohol or using drugs? If so, what did you say?
• Did the officer ask when your last drink was, or at what time you had last used drugs?
• How much time passed from the moment you were pulled over from the moment the officer ordered you out of the car?
• Were you alone in the car?
• Did the officer ask you if you take medication?
• When you were talking with the officer, could you feel the effects of alcohol and/or drugs?
• How much alcohol, and what type, and what controlled substances had you consumed prior to being pulled over?
• Did the officer have you perform field sobriety tests?
• What test(s) were you ordered to perform?
• If field sobriety tests were administered, how do you think you did?
• If field sobriety tests were administered, did the officer tell you how he/she thought you did?
• If a PBT (preliminary breath test) was administered, did the officer tell you what the result was, and, if so, what was the result?
• Was the PBT administered before the field sobriety tests?
• Was a chemical test administered (breath, blood, or urine)?
• At what time was the test given?
• Were you given a choice of what chemical test was used?
• What were the results of the chemical test?
• Did you contact an attorney before submitting to the chemical test?
• How much time were you given to consult an attorney?
• Did you feel rushed in your attempts to call an attorney?
• If you requested a specific attorney, were you able to reach that attorney? If not, why?
• Did the officer encourage you to call a certain attorney?
• Did you ask to call a family member to arrange for an attorney?