Getting pulled over by the police can be a nerve-wracking experience, but it’s crucial to remember that staying calm and cooperative can lead to a safer and smoother interaction. To ensure you handle the situation appropriately, here are ten essential things you should never do when you get pulled over by the police:
1. Don’t Ignore the Signal
When you see the flashing lights or hear the siren, acknowledge the signal immediately. Pull over to the side of the road in a safe and timely manner. In fact, Texas Transportation Code Sec. 545.156 explicitly requires vehicles to:
- yield the right-of-way
- immediately drive to a position parallel to and as close as possible to the right-hand edge or curb of the roadway clear of any intersection; and
- stop and remain standing until the authorized emergency vehicle has passed.
Ignoring the signal can lead to a traffic citation, up to a $500 fine, and could escalate the situation unnecessarily.
If the police believe you willfully did not pull your vehicle over or tried to elude them, they could charge you with Fleeing a Police Officer. This charge is a Class B Misdemeanor and carries a penalty of up to 180 days in jail!
2. Don’t Panic or Make Sudden Moves
It’s natural to feel anxious during a traffic stop, but avoid panicking or making sudden movements. Keep your hands visible on the steering wheel, as sudden gestures may be misinterpreted as a threat by the officer.
3. Don’t Exit the Vehicle Unless Instructed
Remain in your vehicle unless the officer instructs you otherwise. Exiting your vehicle without being asked can raise suspicion and create a dangerous situation, especially if the officer is not aware of your intentions.
However, if the police ask you to exit the vehicle, you do have to comply. This requirement has been upheld by the US Supreme Court in Pennsylvania v. Mimms. The reasoning is that is is much safer for the officer to conduct an interview away from traffic than directly in front of the driver’s side window. Simply asking you to exit the vehicle does not mean you are under arrest. It might not even mean you are in trouble.
4. Don’t Reach for Items Without Informing
If the officer asks for your identification, vehicle registration, or insurance, inform them of your actions before reaching for the documents. This will ensure that the officer is aware of your intentions and does not perceive it as a threat. I
5. Don’t Argue or Be Disrespectful
Remain respectful and composed during the interaction. Avoid arguing, being confrontational, or using offensive language. Disrespectful behavior can lead to more severe consequences and make the situation tense. You do technically have the right to be disrespectful and be offensive. However, this behavior could change an officer’s decision to simply issue a warning. In more serious cases, you could be giving the prosecutor video footage that will anger a trial jury or judge.
6. Don’t Lie or Provide False Information
Honesty is essential when dealing with the police. Provide accurate information when asked for identification or any other details. Lying to law enforcement can lead to legal complications and undermine your credibility.
In Texas, Failure to accurately Identify yourself during a traffic stop can be a criminal offense.
7. Don’t Consent to a Search Without Probable Cause
Know your rights regarding searches. You have the right to refuse a search if the officer doesn’t have probable cause to conduct one. If the officer asks to search your vehicle, politely express that you do not consent to the search. If the officer has probable cause to search your vehicle, then he will do so without your permission. State your objections of you do not agree, but do not interfere with the officer. If the officer is wrong about having probable cause, then anything he finds will likely be inadmissible as evidence anyway. Let your attorney sort that out later on in safety.
8. Don’t Resist Arrest
If the situation escalates and the officer decides to arrest you, do not resist. Resisting arrest can lead to additional charges and potentially put you and the officer in danger. Comply with the officer’s instructions calmly and avoid any sudden movements. Again, if the officer is wrong to arrest you, then your attorney will handle this for you. Do not risk more charges or your physical safety by resisting.
9. Don’t Discuss Your Case with the Officer
It’s best not to discuss the details of your case or argue about the situation at the scene. Anything you say can be used against you later. It’s best to remain silent or limit your responses to basic information.
If the officer arrests you, not discussing the case becomes even more important. Bear in mind that the officer does not have to read you a Miranda Warning unless they intend to ask you questions after an arrest. If they read you these warnings, invoke your right to an attorney. Then remain silent. Nothing you say will help the situation at this point.
There is one possible exception to this rule. This occurs when an officer asks you to provide a breath or blood specimen after a DWI stop. I address this scenario in another post.
10. Don’t Forget to Follow Up if Necessary
If you feel that your rights were violated during the traffic stop or encounter, make a note of the details and contact a lawyer. They can advise you on the appropriate steps to take and help protect your rights.
In conclusion, being pulled over by the police can be a tense situation, but knowing how to handle it calmly and respectfully can make a significant difference in the outcome. Comply with lawful requests, know your rights, and seek legal advice if you believe your rights were infringed upon. Remember, a composed and cooperative approach can help keep everyone safe during a traffic stop.
Conclusion
Keep your cool if the police pull you over. Nothing good will come from panicking, being confrontational, or talking too much. If you receive a ticket or get arrested, do not resist the officer or try to argue with him. What you need to do at this point is hire an experienced attorney who can fight on your behalf … in the courtroom.
If you or someone you know needs legal representation for a traffic citation or an arrest stemming from a traffic stop, then call Carter Criminal Defense today at (214) 699-8864.