Traffic Stop Do’s and Don’ts

Most people are at their worst when they are inside motor vehicles.  You probably know someone whose vocabulary goes from church lady to shock jock the minute she backs out of her driveway.  Even the most mild-mannered people become rage monsters or nervous wrecks when faced with South Florida traffic.  It provokes almost everyone’s fight or flight response when someone approaches you in your car, whether that someone is another driver or a pedestrian.  When that pedestrian is wearing a police uniform or that vehicle is flashing blue lights, the fight or flight response can be stronger.  Knowing how to react can improve your chances of getting through a traffic stop without physical harm or a criminal case that results in a conviction, and often the best reaction is not to react at all.  Here, our Miami criminal defense lawyer explains how you can avoid escalating an interaction with police at a traffic stop and how, if necessary, you can later prove in court that the police were in the wrong.

Do Pull Over as Quickly as You Can Safely Do

Everyone knows that increasing your speed when a police car signals that you should pull over rarely ends well.  Some people do it because they know that they are almost sure to face a criminal conviction whether they stop or not; perhaps there is an active warrant out for their arrest, and right now the car is full of illegal drugs.  Others do it simply because they panic; they fear that the state will find some way to turn this matter against them, even if the traffic stop is for a minor traffic violation, or even if the police have no good reason to pull them over.

The first step to getting through a traffic stop is to pull over as soon as you see the blue lights.  If you are in heavy traffic or there is no shoulder on the road, use your turn signal to show the officer that you are about to pull over, and then stop your car in the nearest parking lot and wait.

Do Show, but Not Tell, the Officer That You Have Nothing to Hide

Do not get out of your car during a traffic stop unless and until an officer tells you to.  Do not even reach for your driver’s license and vehicle registration.  Instead, sit still in your car with your hands on the steering wheel.  If it is dark outside, turn on the light in the passenger compartment of your car.  Roll down your window enough that you can hand the officer your driver’s license and registration if and when the officer asks.

Don’t Do Much of Anything Unless an Officer Tells You To

The most important rule during a traffic stop is to exercise your right to remain silent.  Not only should you not say anything unless it is a direct response to an officer’s request, but you also should not do anything.  Do not ask the officer why he or she pulled you over; the officer will eventually tell you.  The wait is nerve-wracking while an officer takes your driver’s license and sits in the police cruiser doing who knows what, but get through it the way you would any other scary but temporary event, like going through airport security or a visit to the dentist.

Don’t Consent to a Search of Your Car

If police want to search your car, they will ask for your consent.  You should not consent to the search, because once you do, you cannot stop them from searching.  Refusing to consent to a search is not evidence of guilt any more than invoking your right to remain silent.

Do Play the Long Game When It Comes to Clearing Your Name

If police arrest you, regardless of whether they have a good reason to do so, do not resist arrest.  Most arrests require a warrant, but police can arrest you at a traffic stop if there is probable cause, and the definition of probable cause is as inexact as you think it is.  Silently wait for your chance to talk to a lawyer.  When you do, your lawyer will probably confirm your belief that the officer did not have probable cause to arrest you.  In the best-case scenario, this could result in the court dismissing the charges against you in a matter of days.

Contact Our Criminal Defense Attorneys

A South Florida criminal defense lawyer can help you move on from an unjust arrest arising from a frivolous traffic stop.  Contact Ratzan & Faccidomo in Miami, Florida for a confidential consultation about your case.

Source:

usatoday.com/story/news/nation/2024/09/10/traffic-stops-rolling-down-window/75160308007/