What Happens During a Typical Traffic Stop?
During a typical traffic stop, the police try to develop probable cause to arrest you, search your vehicle, or issue you a citation. Here is the usual sequence of events during a traffic stop.
- Getting Pulled Over
First, the police officer or sheriff “pulls over” someone’s vehicle by flashing the police car’s lights, turning on the siren, and/or speaking over the loudspeaker. At this point the driver should pull over to the side of the road, or risk appearing like he is going to flee the scene.
The police officer pulls over too, usually parking behind the driver’s vehicle. Then the officer can ask the driver and any passengers to exit the car. More often, the officer will approach the driver’s or passenger’s side window, ask the driver to roll down the window, then ask him to place his hands on the wheel.
The driver should follow the officer’s instructions, including providing the officer with license and registration paperwork. (However, the driver should be cautious about answering too many questions.) At all times, the driver should move slowly and deliberately, telling the officer before he moves his hands off the wheel or opens any compartments inside the vehicle. If there are any firearms anywhere inside the vehicle (loaded or unloaded), it is a very good idea to tell the officer up front. Then, if the officer searches the vehicle, he will not be surprised by the presence of a gun.
- On the Roadside
Depending on why the officer pulled over the driver, the results of the paperwork check, and the driver’s responses to any questions asked by the officer, the officer may ask the driver to step out of the car. At this point, the officer may arrest the driver, request that he take a breathalyzer or blood test, or ask him to perform standardized field sobriety tests (SFSTs) for suspected driving under the influence. If the driver refuses to take a test or do the SFSTs, he will most likely be arrested immediately. The officer should read the driver his Miranda rights and take him to jail. The office also may search the vehicle on the roadside and question passengers.
Alternatively, the officer may check his computer for any outstanding warrants on the driver, then give him a citation or notice to appear (a traffic ticket). Sometimes, police officers will simply give a warning. Then the driver is free to leave in his vehicle.
- High-Risk Traffic Stop
During a high-risk traffic stop when police know or believe that the suspect is armed, threatening harm, or otherwise dangerous, police will direct every aspect of the stop and arrest using the loudspeaker. The driver will be asked to immediately leave the car and place his hands on his head, often lying down on the ground. Police will then rapidly arrest him and search the vehicle.
Have you been charged with a DUI in Oklahoma and don’t know where to turn? Seek out the attorney who knows the system. Clint Patterson, Esq., of Patterson Law Firm, a former Tulsa prosecutor now using his trial experience and expert-level knowledge of DUI science to defend drivers, has the experience and the insight to evaluate the strengths and weaknesses of your case. To schedule a case evaluation, visit Patterson Law Firm online or call Clint’s office at (918) 550-9175.