This information should be reviewed prior to your stop. Keep this sheet in your vehicle. If stopped and you have been drinking any amount, politely, but firmly, exercise your rights by NOT SPEAKING to the officer, but handing him this card, along with your driver's license, registration, and proof of insurance. Do not resist arrest, but exercise your right to remain silent (slurred speech is often evidence of intoxication). Cooperate with the officer, but know your rights as detailed below. For a news story on how the card works please see KCCI.
Cut Below this line and place sheet in your car for use when necessary.
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Driver’s Rights Notice
NOTICE TO OFFICER:
Please retain this sheet for your records as proof of my intent to invoke my rights. This card is official notification of my exercising of my legal rights. I will not talk to you or agree to anything until my attorney is present. Please do not violate my rights by asking me any further questions until my attorney is present.
1. I hereby tender my driver’s license, registration, and proof of insurance.
2. I believe that I have committed no crime, and request that my papers be returned to me and I be allowed to depart immediately.
3. If I am not allowed to leave immediately, then I assume that I am under arrest at this time. I understand that I must obey your orders without resistance, but I do so under coercion and protest.
4. I am invoking my right to remain silent under the U.S. and Iowa Constitutions, and I will not make ANY statements of any kind at this time. I DO NOT choose to take any field sobriety tests, coordination tests, or handheld breath testing devices. I understand that these tests are subjectively graded and I do not wish to participate in these tests. If I am coerced into performing these tests by telling me that my refusal can be used against me in court, I am not performing these tests voluntarily or willfully but am doing so only to avoid a confrontation with you.
5. I am demanding that I be videotaped by use of police video equipment both at the roadside and at the police station. Tapes must be preserved as evidence for later use at court. If video equipment is not available, I request that audio tape be used to record all statements made during this event.
6. I am not consenting to any blood, breath or urine tests until I have consulted with an attorney, and the tests are conducted in strict compliance with regulatory and statutory provisions by a person certified to conduct the tests. Until I have been given a reasonable opportunity to contact my attorney and consult with him, I cannot make a knowing, voluntary, and intelligent decision regarding chemical testing. I also wish to know any additional information regarding my driving privilege including commercial driving privileges and/or the issuance of a temporary restricted license. Since I maintain that you do not have reasonable or legally sufficient cause to request this test, any consent is given under protest and is not voluntary and made in response to the threat of greater punishment of exercising my rights, and a promise of lesser punishment by assertion of your authority. I do not waive any deficiencies in your advisements to me or the procedures that you follow. Consent will be provided only for equipment properly maintained and in good working order in which all protocols and observation periods are precisely followed. Otherwise, consent is not voluntary. I wish to be provided with a written copy of the results and wish to view any readout on the machine. I also desire to make an independent analysis of any chemical tests taken and demand a sample be properly collected and sealed, refrigerated in a locked and secure container to prevent deterioration, so that retesting can be conducted at a later date. Please honor this request by selecting a machine or type of test that can preserve a sample. If a breath machine is used, I request two samples of my breath to be analyzed, at least 2, but no more than 5 minutes apart, and a calibration check be made on the machine between the two tests.
7. I am demanding an independent testing at a private medical facility at my own expense. These results are attorney work product and are the results are not to be provided to the State. This request is not waived, even if I take one or more additional breath tests.
8. I am requesting that I be taken to the nearest law enforcement agency not associated with your agency, that possesses an approved breath machine (Datamaster cdm) so that I may be given independent breath tests by an officer other than you or someone employed by your department. I will pay for this test if required. The results of this test will be provided only to my attorney and should be considered attorney work product. I do not consent to this test results being provided to the State or anyone other than my attorney.
9. I am requesting a hearing with the DOT at this time for the proposed suspension of my license, and request that you forward my request to the Iowa DOT.
10. I do not consent to any search of myself, my vehicle, or property without my written permission. I wish my vehicle to remain locked at its present location with a note explaining that it will be moved as soon as possible. I will arrange for removal of the vehicle, and I do not consent to impounding and inventory of my vehicle.
11. All of these requests and demands are continuing in nature.
I am invoking my right to an attorney at this time, and request to call Robert Peterson at 712-792-4485 (Carroll office), or cell phone 515-822-2830. I will not answer any further questions at this time.
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