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Know Your Rights

Lydia Morin

Issue date: 4/4/06 Section: News
The streets of Burlington are patrolled after hours to protect citizens from drunk drivers.
Media Credit: Ike Messmore
The streets of Burlington are patrolled after hours to protect citizens from drunk drivers.

"A lot of UVM students run into trouble with DUI/Drug Possession leaving the city," began the defense attorney, who was asked to speak at UVM by the Pre-Law Fraternity Phi Alpha Delta. He continued, "90% of the time they learn from it, they never get another DUI, never snort coke, they learn." Getting caught once, however, is enough to reap havoc on your permanent record.

The attorney came to campus not to give students " a get of jail free card" but to inform them of the legal process and repercussions that go hand in hand with getting caught in the state of Vermont. Most importantly, he came to give advice about how to handle yourself if you have to deal first-hand with law-enforcement.

"My first and foremost advice is be polite…be polite and find out what it is they are here for without admitting or producing any evidence." If you are asked by the police to let them "look around," politely make sure they have a warrant. They need a search warrant no matter what and if this means calling a judge and waking him up at three in the morning, that is something the police are legally required to do. Most importantly, speak with a lawyer. The simple importance of speaking to an attorney could not be stressed enough.

His advice can be applied to being implicated for DUI's, Noise Violations, Public Intoxication and Under-Age Drinking. Sometimes when interacting with the police, polite silence is the best policy. "Depending on your degree of sobriety, don't say anything, if you are s***-faced, really don't say anything," he advises. This is because, he continues, " a part of you goes away when you are totally obliterated, you start doing some bizarre things, like showing up naked at an ex-girlfriend's house- this is actually surprisingly common."

As he said earlier, a lot of UVM students find trouble on the road. When it comes to getting stopped, "strictly in the state of Vermont," he says, "if you get pulled from your car, don't do the roadside dexterities, don't do the breathalyzers, say `take me downtown and process me.'" And then you get to talk to a lawyer. At this point, you are not free to leave anyway, this means you are being arrested. It is better to wait and go downtown cooperatively and get in touch with an attorney.
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