[loloquwowndueo]

As others have said the intent is not to document sobriety but to have a subjective reason for an arrest which looks good in the scorecard.

Look for “if cops say I smell Alcohol, say these words” on YouTube, gives you tips on how to respond if asked about alcohol use or doing a sobriety test.

[grep_name]

I am curious about these 'smell' comments, or at least how you're supposed to react to it. The last time I got pulled over, the cop commented multiple times that something smelled like marijuana, and he asked if I had been smoking or had friends that smoked.

I said I hadn't and didn't know anybody who did. It's true that I don't and had not been around any and there's no way my car smelled like drugs. I think I was on the verge of heat stroke and basically didn't respond with any level of stress to anything he said. I was being pulled over for driving without a seatbelt, which I almost never do, but it was 95 degrees and my AC was broken and I couldn't bring myself to put my back against the chair (plus I was in the middle of nowhere).

Another cop also showed up reasonlessly to hang around behind the other one with his lights on after awhile (I'd pulled into a gas station), which I think was also supposed to freak me out. I ended up excusing myself to go stand in the gas station to cool down and when I came back they were gone

[loloquwowndueo]

How to react to it is exactly what that video covers. Basically - don’t try to explain/justify it. It could be anything - maybe you drove through a cloud of pot smoke? Who knows. The advice from the video is to say you exercise your right not to discuss what you ate or smoked and ask if you’re detained or free to go.

[antiframe]

I rather use a lawyer for legal advice than YouTube. There is a lot of sovereign citizen "you don't need a license to drive" "legal advice" on YouTube too.

[loloquwowndueo]

Oh for sure. Have you asked your lawyer what to say if they pull you over and falsely claim to smell alcohol / drugs or want you to take a bogus sobriety test? If so, care to share? With the full understanding YANAL.

[antiframe]

I don't have the card in front of me, but my lawyer has something like this on the back of her business card: Dear officer, I will not be answering any questions today. If I am under arrest I wish to consult with my attorney. If I am not under arrest I wish to leave as soon as possible. I have already provided my license, registration and insurance.

Of note, in my state implied consent applies after the arrest. I believe this limits the information the officer gets for free before making the judgement for your arrest. It's easier in her book to defend a case where they have to show probable cause for the arrest without that free information. I have never driven under the influence, I used her for a "I don't know how fast you were going but it was fast so here's a reckless driving ticket" before and this was the card she gave me. I wonder if this approach lets her use fruit of the poisoned tree approach to dismiss cases where the cause for the arrest was flimsy gets any evidence afterwards inadmissible. Again, I only watched her work one case. The judged called the case, she asked to confer with the prosecutor, then the prosecutor dropped all charges. Took five minutes.

Note, I am not a lawyer and I am recollecting information from 20 years ago. Things may have changed. Consult your lawyer, not YouTube.

[antiframe]

I couldn't edit my other reply, but here's the text from the actual card:

> To Washington State Law Enforcement Agents Who Have Stopped, Detained, or Arrested Me.

> I want an attorney and help contacting one. I will not answer questions or speak to you except for identification purposes. I do not consent to detention or search of my person, belongings, automobile, or any other item or place. Since they are voluntary, I will not perform field sobriety tests or take the portable breath test (PBT). I will consent to take a breath or blood test at the station, unless my attorney advises me not to. I understand that if I refuse, DOL will suspend my license for at least 1 year.

More or less what I recalled, but written in a way that's both for the officer and yourself.