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Can I record a traffic stop on my phone for DUI? Or is is illegal?

Greeley, CO |

I was pulled over, gave my information to the officer, he returned to my car saying that he smelled alcohol, I informed him I just got off of work from a bar. He asked me how much I had to drink and I told him nothing, I had just gotten off of work. He kept asking me over and over, he said he didn't believe me and was convinced I was drunk and that my eyes were red and he could again smell a strong odor of alcohol. I was in disbelief at this point, I felt I was being harassed and asked the officer if I could record the conversation on my cell phone (because his actions were almost laughable). All said and done I refused testing except for the roadsides. I was then arrested. In the report, the officer brings up my wanting to record the conversation.

The officer lied in the report though saying that I tried to record the conversation AFTER I was arrested. Why would I record a conversation after I was arrested when I told him I wanted to speak to a lawyer?

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Attorney answers 5

Posted

Do not attempt to try your DUI charges on Avvo. Instead, find an attentive criminal defense counsel and relay the above incidents to that professional for proper legal motions and legal case strategy.
Whether a police officer misstated, omitted or misrepresented anything in the arrest report or the arrest notes would be an appropriate task for a counsel of record not an idle supposition on Avvo.

DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional information, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and materials provided above are general in nature, and may not apply to specific factual and legal circumstances related to one’s personal legal issues. Contact an experienced criminal defense lawyer admitted to practice in your State under an attorney-client privilege to further receive a competent legal advice before making any important decisions about your particular legal issue. For further inquiries please contact: Attorney Alexander Ivakhnenko 1021 West Adams, 102, Chicago, Illinois 60607 773-562-8602 http://alexanderivakhnenko.com

Posted

You can try to record the interaction. There is nothing illegal about it. But I think the officer is within his rights to tell you not to while he is trying to conduct an investigation.

Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers offers everyone a free consultation to discuss their case. Feel free to call her office at 214-365-9800 to make an appointment (phones are answered 24 hours) or visit her website at www.macyjaggers.com for more information about her services and recent victories.

Posted

You need to get an experienced DUI attorney working for you as soon as possible. Many of us give free consultations so call a few attorneys and find one you like and can afford.
Good luck and feel free to call if you have any questions or want to schedule an appointment.

Lubchenco, Kendrick, & Baldridge, L.L.P. 720-644-6413. The information provided here does not create an attorney-client relationship. If you are interested in a free consultation, please contact us at 720-644-6413.

Posted

Colorado is a one party recording state. Unless you are a lawyer, you can
record anyone without their permission. We have an ethics rule that bars us
from doing so.
As for the DUI, you should hire a competent lawyer. My law partner,
Michael Carter was a Public Defender and has tried dozens of DUI cases.
Give him a call at the number below.
Also, you need to ask for a DMV hearing within ten days of the arrest or
you waive that.

Cordially,

Nelson Boyle
Carter Boyle LLC
36 Steele Street - #200
Denver, CO 80206
P: (303) 501-1825 | F: (303) 835-7100
Nelson@CarterBoyle.com
www.CarterBoyle.com

Thank you for your confidence in our firm. Your satisfaction and referrals
are the key to our success.

The information contained in this e-mail transmission is confidential and
is protected by applicable law. Any unintended recipient of this message is
prohibited from reading or disclosing the information contained in this
transmission. If you have received this e-mail message in error, please
call (303) 501-1825.

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This response is a general answer to your question and is not intended as constituting legal advice or creating a client-attorney relationship. Please read our full disclaimer here: http://www.carterboyle.com/home/disclaimer.

Posted

You have 7 calendar days from the date of arrest to request your hearing if you refused a test, not 10. As others have stated, you need an attorney. More specifically you need a DUI attorney. While it may be legal for you to record the interaction and conversation with the police officer, the officer has no obligation to allow you to do so.

However, you may have other issues that can be attacked and you will want to fight against the revocation of your driving privileges for refusing. The legal field is similar to other professions, there are good attorney and there are bad attorneys out there. Do your homework and hire the best DUI attorney you can afford.

The Orr Law Firm, L.L.C - 303-818-2448 - Is Colorado's Premier DUI and Criminal Traffic Defense Law Firm. Rhidian Orr is the senior partner and owner of the firm and focuses his practice exclusively to DUI and criminal traffic matters in the state of Colorado. His decision to answer your questions does not constitute an attorney/client relationship. The Orr Law Firm offers FREE Consultations and we encourage that you contact his firm to discuss your case in more detail.

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