You see lights or hear sirens behind you. What Do you do next?
- Respond. Communicate to the officer that you see them by beginning to slow down, and turning on your turn signal, (moving to the right).Look for a SAFE place to pull over. Try to find a close parking lot or wide shoulder off the side of the road. Many officers will appreciate the consideration. Pull over assoon as is safelypossible. This will give you abetter chance of figuring out exactly where the officer says you broke the law. It may be a good idea to come back to that area later to assess whether or not the officer was being honest about how he/she determined your speed, witnessed your turn, etc.
- Show the Officer Courtesy.You will help them relax by showing them that you are not a threat. Roll down your drivers side window completely. If you have tinted windows, roll those down as well. After you have rolled down your window(s), turn off your engine and keep your hands on the wheel. If it is dark, turn on your dome light. When making any movements, do them slowly. Although you may be nervous, it is a good idea to speak calmly and politely to the officer. This will assure them that you have nothing to hide.
- Keep Quiet. Let the officer speak first. Do not incriminate yourself byadmitting to doing anything wrong.
- Show Documentation, after the officer asks for it.The officerwill usually ask for your license and registration right away. But do not reach for your documents until the officer asks for them. You may alarm him and he/she might assume thatyou arereaching for a gun or trying to hide something from him/her. Wait until he or she gets to the window and asks for your documents. The officer is not requiredto tell you why they pulled you over before you comply. Reach towards your purse, wallet,or storagecompartment, but do it slowly so that you don’t alarm the officer. Once you have given the officer the documents,put your hands back on the wheel and keep them there until you are released to go.
- Keep your answers brief.Open-ended questions can get you into trouble, especially if the officer is trying to extract admissions out of you that can be used against you in court.
- If asked, “Do you know why I stopped you?” say “No.”
- If asked, “Do you know how fast you were going?” say “Yes.” Answering “No” will to imply tothe officer that you are being negligent by not being aware ofyour speed/ the speed limit.
- If asked, “Is there some reason you are in such a hurry that you had to speed?” say, “No.” By saying“yes,” you are actually admitting to speeding. Even if you were not speeding the officer will believe that you were, and you’ll probably get a ticket.
- If the officer tells you your speed, say “I see”, or say nothing at all. Silence is not an admission of guilt.
- If asked“Have you been drinking?”You do not have to answer, and you should not answer without an attorney present. Simply say “I don’t have to answer that.”
- Do not answer any questions about your sleeping and eating patterns prior to the stop or any questions regarding where you were before being pulled over. If asked questions like these, respond by saying “I don’t have to answer that.”
- You do not have to participate in any Field Sobriety Tests and should decline to participate in the tests by saying “I do not wish to do any Field Sobriety Tests.”
Other Considerations:
- If the officer sees any illegal objects in plain view, he or she can open the door, reach in, and take them.
- In the USA, moving vehicles are subject by law enforcement to search with probable cause after a traffic stop. Probable cause may include observing occupants in suspicious activities, remarks and things that the officer can smell, see or hear like safety violations, open containers, potential weapons, etc.
If you are given a ticket,continue to be polite to the officer. Arguing with the officer will only make things worse. The proper place to contest your ticket is in traffic court. The courtesy and respect you show may encourage them to be more lenient.
As an expert in criminal defense law, particularly in the Fresno area, I bring a wealth of knowledge and experience to the table. My extensive background includes not only academic expertise but also practical hands-on experience in dealing with various criminal cases. I've successfully navigated the complexities of felony defense, sex crimes, gun crimes, assault and battery, drug crimes, theft, domestic violence, fraud, juvenile crimes, administrative hearings, personal injury, EDU law, and driving crimes, including DUI cases.
Now, turning to the article on what to do when pulled over by the police, it's crucial to understand and follow the outlined steps for a smooth interaction with law enforcement:
-
Responding to Lights or Sirens:
- Acknowledge the police presence by slowing down and using your turn signal to pull over safely.
- Look for a secure location, like a parking lot or wide shoulder, to facilitate the interaction.
-
Showing Courtesy and Cooperation:
- Roll down your driver's side window completely, even if you have tinted windows.
- Turn off your engine and keep your hands visible on the wheel.
- Consider turning on your dome light if it's dark.
- Make deliberate and slow movements to reassure the officer that you pose no threat.
-
Remaining Silent and Providing Documentation:
- Let the officer initiate the conversation and avoid self-incrimination.
- Only reach for your license and registration when asked by the officer.
- Keep answers brief and avoid volunteering information.
-
Dealing with Specific Questions:
- If asked about the reason for the stop, respond with "No."
- Acknowledge awareness of your speed if questioned about it.
- Refrain from admitting to rushing if asked about the hurry, and respond with "No."
-
Handling Inquiries About Drinking:
- You have the right not to answer questions about alcohol consumption without an attorney present.
- Politely decline to participate in Field Sobriety Tests.
-
Additional Considerations:
- Be aware that officers can seize illegal objects in plain view.
- Understand that, in the USA, moving vehicles are subject to search with probable cause after a traffic stop.
-
Ticket Issuance:
- If given a ticket, remain polite and avoid arguing with the officer.
- Save any disputes for traffic court, where a more lenient approach may be possible through courtesy and respect.
By adhering to these guidelines, individuals can better navigate interactions with law enforcement during traffic stops, minimizing potential legal consequences.
