What to Do at a Traffic Stop
As a driver, it is important to be aware of your rights if you are pulled over by the police. Many drivers remember traffic stop scenes they see on television or in the movies but are not familiar with the legal requirements for police and drivers to follow when interacting on the roadside. Here are a few tips.
First, pull over quickly and safely by using your turn signals and stopping on the side of the road. Roll down your window, turn off the engine, and put your hands on the steering wheel. Do not reach for the glove compartment or other items unless asked to do so by the police officer. Reaching for items, especially with a sudden movement, could give law enforcement an argument for probable cause to search your vehicle. Officers need to have a reasonable suspicion that you are involved in criminal activity to start a search, but even something as simple as throwing a cigarette butt out the car window could give rise to a suspicion depending on the circumstances.
Police officers also can search your vehicle to a limited extent if they see items in plain view, such as beer cans or baggies of drugs, or can do a full search if you or a passenger is arrested. Most often when the driver is arrested, including for DUI arrests, officers will impound the vehicle and do an inventory of its contents. Items found during a search could be used as evidence against you or even give rise to additional criminal charges.
Be polite to officers who stop you in your car, and do not give them reason to search the vehicle or arrest you if you can help it. Ways you can be polite include moving slowly, staying in the car unless asked to leave it, and not interrupting the officer or being argumentative.
Many people have heard of the “right to remain silent” when speaking to the police. This refers to the Fifth Amendment right against self-incrimination. During routine traffic stops for speeding tickets and the like, police do not have to inform drivers of their rights unless there is an arrest or custodial detainment, such as putting the driver in the police car. Nor do police have to read people their rights when asking them to take a sobriety test. Drivers may choose not to answer questions that the police ask if the answers would incriminate them. Complete silence during a traffic stop, however, is likely to irritate the officer.
Police officers must read you your rights if you are being arrested. The “rights” include statements that you have the right to remain silent, that anything you say can be used against you in court, that you have the right to an attorney, and that if you can’t afford an attorney, one will be appointed for you if you desire. You must specifically invoke those rights if you wish to exercise them, by telling the police or the judge, for example, “I wish to exercise my right to remain silent” or “I want an attorney”. If you do not do so, you risk having your silence used against you or not having the protection of an attorney.
Know your rights at traffic stops, and if you are arrested at a traffic stop for a DUI in Oklahoma, call the attorney who questions every part of the arrest to help in your defense. 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.