July 4th has always been one of my favorite holidays. I was always fascinated by the Revolutionary War. Concord and Lexington. Guerilla warfare. The ultimate underdog. Farmers, blacksmiths, normal people standing up against a corrupt government and fighting for rights. These freedoms and rights are the reason I love the law. The Constitution is an amazing document that has molded who I really am and why I enjoy working within the legal system. This is a day celebrated by an entire nation in one fashion or another, often times with food, alcohol, and explosives.
As a criminal defense attorney, the rights that were carved out during 1776 and the subsequent years are what my work life is all about. Currently I deal greatly with the Fourth and Fifth Amendments, specifically the Search and Seizure Clause and the Privilege against Self-Incrimination. As we celebrate this Summer, whether Independence Day, Hot August Nights, Rib Cook-Off, or Street Vibrations, let’s keep ourselves and Reno safe. I know we have all heard this before, but if planning to drink, don’t drive. Uber and Lyft are everywhere, install the application on your phone. Taxis roam the streets of Reno with regularity as well, Reno Taxi Cab (775)333-3333, Whittlesea Checker Taxi (775)322-2222, and Reno Lake Tahoe Transportation (775)813-0814 to name a few. Often times Reno provides free rides for certain holidays or special occasions. If you plan on drinking remember to give your keys to someone who isn’t. Also maybe let someone else light off those fireworks because alcohol and explosive entertainment aren’t the best mix either.
Prevention is the best, however sometimes the best plans still go awry. So if you find yourself pulled off to the side of the road with the red and blue lights flashing behind you, I have some advice for that as well. This is where the rights that our forefathers bought with their blood come into play. Your right to remain silent is exactly what you need to remember during these times. The police are not looking to “exonerate you” or “make sure you are safe to drive.” They are investigating and collecting evidence. Keep your mouth closed. The field sobriety tests (divided attention and balance) that they will ask you to preform are not going to help you. And in spite of what they will tell you, those tests are not required and you will not lose your license. However, your driver’s license will be revoked if you refuse of a preliminary/evidentiary breath test or a blood test. Law enforcement cannot have you do the evidentiary tests without reasonable suspicion that you are driving under the influence of alcohol or drugs. That is a fight that belongs in the courtroom, not on the roadside. My job is to defend your rights. If you find yourself in trouble, call me and let me assist you through troubled times like these.
I wish us all an enjoyable and safe summer! Happy Fourth!