Notice to officer at roadside stop
As required by law, I am herewith tendering my driver's license and proof of insurance. They are in proper order and I have committed no crime or traffic violation. I therefore hereby request that all my documents (including my license) be returned to me and that I be permitted to leave immediately. If you have any doubt about my ability to operate my vehicle, I will be glad to leave my car here and have a cab pick me up. Unless you return these items to me and advise me that I can leave with my license and other documents and in my vehicle, I must assume this is more than a brief investigatory stop, that my liberty is restrained, that I am under arrest, and that I must obey your orders without resistance, but I do so under protest I do not wish to answer any questions or make any statements at this time. I am exercising my right to remain silent. (U.S. Const., 5th Amendment; I request that my attorney be present during any questioning or proceedings against me (including voluntary field sobriety exercises) and that I be permitted to contact my attorney at the earliest possible time, as permitted by California and federal law. I have the name and phone number with me at this time and would like to call immediately.
California law does not require me to submit to any verbal or non-verbal field sobriety evaluations, including reciting the alphabet, the horizontal gaze nystagmus evaluation, the Alco-sensor (hand-hela breath testing device), walk-and-tum, one leg stand or other such exercises. I, therefore, choose not to participate in any such so-called field sobriety evaluations, unless my attorney is present when such voluntary exercises are performed. If you ignore my Constitutional and statutory rights under this card and verbally coerce me into taking any such evaluations, I am not performing any such exercises willfully and voluntarily, but am doing so to avoid a confrontation with you, an armed law enforcement officer.
In compliance with the requirements of California's implied Consent Law, I will consent to submit to tests of my breath or blood, which I may designate, provided the test I am offered is properly done in strict compliance with all regulatory and statutory provisions and by a person qualified to give the test.
However, since I maintain that you do not have reasonable or legally sufficient cause to make this request for a chemical sobriety test, my consent is given under protest and is advisements you are giving me, or in the procedures that you follow: I wish to be given a copy of the implied consent rights which you read to me. Any consent by me to take a chemical sobriety test is given only for devices which are operated with all electronic and operating components prescribed by the machine's manufacturer properly attached and in good. working order and where all –pretesting protocol and recommended observation periods are followed precisely. Otherwise, my consent is NOT voluntarily given. I request that I be provided with full information concerning your test including a written copy of any report of the results of your test. If it is used, I wish to view any digital or numerical readout on the breath machine.
Know Your Legal Rights
If you are like most Americans, you don't know your legal rights, particularly when a roadside (traffic) "stop" or arrest is involved. Most people believe that they are guaranteed the right to call an attorney for advice. WRONG. Most people believe that they can talk the officer into letting them go. NOT ANY MORE. Many people believe that by submitting to roadside sobriety evaluations they will be able to convince the police not to arrest them. NOT SO, BECAUSE STUDIES SHOW THAT UP TO 46% OF PERSONS WHO ARE COMPLETELY SOBER HAVE BEEN ALLEGED TO HAVE "FAILED" THESE HIGHLY SUBJECTIVE EVALUATIONS. Moreover, since these evaluations are 100% optional, why attempt to do tests that can be erroneously "graded" nearly 50% of the time? From watching TV police stories, many people erroneously believe that police can automatically search your vehicle. NOT WITHOUT YOUR PERMISSION, unless the officer has reasonable cause to believe that a crime is being committed or is about to be committed or weapons are located in the vehicle.
This was designed in order to assist citizens (who wish to invoke our time-honored legal protections) in asserting their Constitutional and statutory rights, to the maximum extent permitted by law. You can and should be cordial and cooperative with the officer. However, he or she should NOT try to compel you to talk, and should not verbally coerce or cajole you into performing voluntary evaluations.