There are plenty of reasons why a police officer may pull you over. Drivers get pulled over when an officer believes that he or she has committed some traffic violation, such as speeding, running a red light, failing to yield a stop sign, or driving while intoxicated. Whatever the reason, drivers have certain rights when they are pulled over. All drivers should be familiar with their constitutional rights and know what an officer is allowed to do in these situations.
Safety First
Being pulled over for speeding is not the same as being pulled over for driving under the influence, or some other violation. There are certain differences in the procedure, which means your rights also vary, depending on the nature of your violation. However, regardless of the reason, you must remember to make your personal safety and the safety of the officer a priority. This means that you should not stop at a location where other vehicles on the road might put your safety at risk, and the officer can’t make you pull over at such a location.
After you’ve pulled over to a safe area, try to stay calm and don’t make any sudden movements. Officers are often a target of sudden attacks, so they react harshly when a driver does or says something that appears to be a threat to their safety.
The Right to Remain Silent
The most important thing to remember is to be polite and courteous to the officer, but you do not have to answer every question you are asked. You have the right to remain silent, which is the wisest thing you can do. Anything that you say can, and will, be used against you afterwards by law enforcement authorities. When the officer asks you “Do you know why you’ve been pulled over?”, it’s best to state that you wish to remain silent, instead of guessing the reason for being pulled over. You might think that you will get a milder penalty if you confess you did something wrong, but actually, you will only make it worse.
Officers Must Have Your Permission to Search You
Many drivers believe that they will be arrested or get a ticket if they don’t allow an officer to search them or their car. But, officers actually need your permission before they can conduct such a procedure. They do not have the right to get in your vehicle and search, unless you have first agreed. An officer can only conduct a search without your permission if they notice a weapon, illegal substances, or some other illegal item in your car. If an officer asks to search your vehicle, you should say “I do not consent to this search”, and make sure you say in the most polite way possible, and then ask if you are free to go.
Officers can search your car without asking permission in the following situations:
• Search incident to arrest – in case the officer arrests you for some reason, then they can search your car for illegal items and search your body for weapons;
• Probable cause – if an officer has a reason to believe you are hiding evidence of a crime in your car, he/she has the right to search it;
• If your car is impounded – if the police impounds your car after arresting you, they can conduct a thorough search of it.
You Have the Right to an Attorney
In case you do get arrested, regardless of grounds, you have the right to refuse to answer any questions until you consult with your attorney. This way, you will not accidentally say anything that can be used against you. An attorney will explain your civil rights and help your defense.
Being Pulled Over for a DUI
Suspicion of driving under the influence is one of the most common reasons for being pulled over. You can exercise your right to remain silent and avoid incriminating yourself. You have the right to refuse performing a field-sobriety test, and as far as the right to refuse a breath test is concerned, it varies from state to state. Some states haw an implied consent law, which means you must agree to submit to a breath test, but in other states, you can refuse to do it, without any consequences.
Immigration Check
There are numerous checkpoints near the U.S. – Mexico border, that are intended to prevent smuggling and entrance of illegal immigrants. If you happen to be stopped at some of these border checkpoints, agents have the right to search your car if they have reasonable suspicion that you are trying to transport illegal immigrants or smuggle contraband into the U.S. They can also pat you down and strip search you, and you must answer anything they ask you.
If you do get a traffic ticket, learn how to pay it here.
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