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Blog 2020 May What to Do if You Are Pulled Over
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What to Do if You Are Pulled Over

Posted By Jerry Loftin & Associates || 11-May-2020

First Impressions Can Make or Break You

The sound of piercing sirens with bright blue and red lights behind you is enough to provoke a mini heart attack. Getting pulled over for a traffic violation, no matter how serious, is a rattling experience, especially if it’s your first time.

What most people don’t know is that they have much more control over the fate of their traffic stop than they think. However, this doesn’t mean you’re off the hook if you’re caught driving under the influence or running a red light. Smooth-talking your way out of an arrest doesn’t usually work when pulled over on suspicion of DWI or any other type of serious traffic violation, either.

The question at hand is: What should you do if you are pulled over?

Proper Police Etiquette Is Critical

As soon as you recognize that an officer is trying to pull you over, it’s in your best interests to do so. Slowly and safely pull over to the side of the road or a nearby parking lot. After you do that, comply with the following tips:

  • Stop the car: Turn off your ignition, put your keys on the dash, and place your hands on the steering wheel. Make sure your window is fully rolled down.
  • Avoid any sudden movements: Even if you are only grabbing your driver’s license, registration or proof of insurance to prepare for when the officer needs it, they may interpret your movements as threatening and suspicious. Only do what they tell you to do.
  • Be polite and respectful: This is one of the most important things you should do when engaging with an officer. They must be treated with respect, or you may risk getting into worse trouble.
    • Give honest, short answers. If you end up speaking more, be careful, as anything you say can and will be used against you. You also have the right to remain silent.
  • Cooperate: The officer may ask you questions regarding your alleged offense: “Do you know how fast you were going?” “Did you drink alcohol before getting in your vehicle?” “Where are you coming from?” You should answer these questions to the best of your knowledge, or not answer them at all if you’re worried about getting yourself into a deeper hole.
    • They may also ask manipulative questions: “Do you know why I stopped you?” “May I search your vehicle?” These questions may appear harmless, but they could lead to self-incrimination.

You may answer the first question with something related to your license suspension, or a broken taillight, or even more serious such as speeding in a school zone. Regarding the second question, your Fourth Amendment rights protect you from warrantless searches and seizures (unless there’s probable cause); so, if an officer asks to search your car, you can take the risk of allowing it or exercise your right to (politely) decline. Saying “no” doesn’t mean you’re guilty, it just means you’re protecting yourself from unintended consequences.

If you don’t abide by any of these above tips, you could risk being charged for obstructing government operations or evading arrest. Don’t let this happen to you.

If you find yourself dealing with a DWI or traffic violation charge, contact us at {F:P:Sub:Phone} for a free consultation to discuss your situation. Our 65+ years of combined legal experience and former prosecutorial experience has earned us a proven track record of results. You could be next!

Categories: DWI, Criminal Defense

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