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February 26 Contest: Criminal Defense Hypothetical

This week's hypothetical contains three questions concerning various questions or requests made by a police officer during a traffic stop. We will award a cash prize of $100 to the one who gives the BEST overall answers to all three of the questions. You can either post your answer to the hypothetical in the comments section below or email your submission to sam@campbellwhitten.com. The winner will be announced next Tuesday - although depending on schedule, the contest entry period may be extended by one week.

Here is the hypothetical:

You're driving home from the bar where you had a couple drinks - 2 beers and one shot of fireball over the course of three hours, during which time you were also eating. You just barely feel the effects of the alcohol but you dont think you are in any way too impaired to drive. A police car pulls in behind you and turns on his siren and flashing red and blue lights. You dutifully pull over.

The officer comes up to your car, has you roll down your window, and asks for your license and registration.

1. What should you do?

The officer says that he pulled you over because you seemed to be weaving around on the road a bit, but after talking to you, he thinks you' re not under the influence. However, just to make sure, he asks you to get out of the car to do a couple of quick field sobriety tests. He rattles them off by name quickly - a "walk the line" test, a "Stand on one leg" test, and an "eye" test.

2. What should you do and say to the officer?

The officer tells you that you appear to be in good shape to drive, but he asks you, "just out of curiosity, how many drinks have you had tonight?"

3. What should you say?

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