What Should I Do If I Am Pulled Over by the Police?

When you see flashing police car lights in your rearview mirror, it puts you on the defensive, thinking about what you did wrong. You may have violated a traffic law, such as failing to use your turn signal. Even a broken taillight can be enough for a traffic stop. Before jumping to conclusions, stay calm and cooperate to help the process go as smoothly as possible.

It is hard to think clearly in this situation. You may forget your rights as the police officer approaches your car. Traffic laws and rights can depend on state law. If you think you did the wrong thing during a traffic stop, talk to an experienced traffic violation attorney.

Understanding Your Rights During a Traffic Stop

You have rights during a traffic stop, but you should also think about your safety. Traffic stops occur on the side of the road where there may not be other witnesses available. Even if you think the police officer pulled you over illegally, the side of the road is not the right place to defend your case. If you get a ticket, you can challenge the traffic violation in traffic court.

You have certain constitutional rights during a traffic stop. Generally, the police cannot pull you over unless they have reasonable suspicion that you violated the law. To make an arrest, they need probable cause of a crime. To search your vehicle, police generally need your consent, but they can also search without it if they have probable cause, if evidence is in plain view, or during certain lawful arrests. However, there are a few exceptions to search and seizure protections. You also have the right to remain silent and the right to an attorney if the police take you into custody.

5 Things To Remember When Approached During a Traffic Stop

If a patrol car pulls you over, stay calm and make sure you are polite and courteous. Just because you were stopped does not mean you have done something wrong. If you don’t want to answer their questions, you can tell them you won’t answer any of the officer’s questions without your criminal defense attorney.

Here are five ways you can protect your rights when pulled over by law enforcement during a traffic stop:

1. Pull over in a safe spot, turn on interior lights, and put your hands on the steering wheel.
2. Have your registration, insurance, and license available.
3. Be calm, courteous, and polite to the police officer.
4. If you are unsure, stay silent.
5. Document your traffic stop.

Stop in a Safe Spot

Pull over as soon as possible and park your car in a safe place. Delaying pulling over may raise suspicion or lead to additional charges, depending on the jurisdiction and circumstances. When you pull over to the right side of the road, turn off your car engine and radio. Turn on the interior lights and put your hands on the steering wheel.

Have the Required Documentation

Have your vehicle registration, proof of insurance, and driver’s license information ready and politely hand it over when asked. If you left your license at home, ask the officer if you could have time to get the items to the police officer at a later date.

Stay Calm and Courteous

Be calm, courteous, and polite to the police officer. You don’t have to be polite, but it can go a long way to de-escalating a traffic stop. Making sudden movements like quickly reaching under a seat or in the glove compartment can put your safety at risk.

Know Your Rights

Don’t be bullied into saying or doing something you do not feel is appropriate. You have the right to remain silent. You do not have to give your consent to allow a police officer to search your car or cell phone. If they want to search without your consent, they generally need a search warrant. However, there are search exceptions if a police officer sees items in plain view, like an open container of alcohol or drug paraphernalia.

Document the Traffic Stop

You have the right to document the stop to support your defense. Documentation can include taking your own pictures or video with your cell phone. If taking notes, write down the time, date, any witnesses, the conditions outside, and what you and the officer said.

Handling Traffic Citations and Unfair Treatment

The right time to deal with unfair treatment by police is after the arrest. You can contact a traffic violation attorney to discuss your case and understand your legal options. You can fight the ticket to keep it off your record. You can also file a civil rights claim against the police department. An attorney can help you decide the best option for your situation.

Suspicion of Drunk Driving

One of the easiest ways for police to make a traffic stop is based on distracted driving. Police officers look for signs of impaired driving on the road. Possible signs of impaired driving can include any minor traffic infraction, like crossing over the center lane, going too far over or under the speed limit, or driving at night without headlights.

If the police ask how much you’ve had to drink, the question can feel like a trap. If you say none but you had one beer, they can smell that you are lying. If you say you had one drink, they know that you are driving after drinking alcohol. Saying you wish to remain silent may seem like you are hiding something.

Refusing to answer questions during a traffic stop can prolong the process, but you are protecting your rights against self-incrimination. In many states, you may refuse field sobriety tests. However, under implied consent laws, refusing a chemical breath or blood test after a lawful arrest can result in immediate penalties such as driver’s license suspension. Consult a DUI defense attorney about your rights during a drunk driving traffic stop.

Hiring a Traffic Violation Attorney

Even a simple speeding ticket can put points on your driving record and increase your insurance rates. More serious traffic violations, like a DUI, are criminal offenses. The penalties for criminal traffic violations include fines, driver’s license suspension, and possible jail time.

If you are facing a traffic ticket, it never hurts to talk to a criminal defense attorney. A traffic ticket lawyer can help you understand the traffic laws and penalties. Contact an experienced traffic violation attorney for legal advice about what to do if pulled over by the police.