Six Simple Rules to Follow During a Traffic Stop
The most common place citizens have interactions with police is while they are driving a car. A simple traffic stop can end with a friendly warning, a traffic citation or a trip to jail. Regardless of the reason for the stop or what you think will be the result you should always follow these six rules:
Be Courteous and Respectful. Being rude, insulting or aggressive will never work to your advantage in the context of a traffic stop. Just pretend that a judge and jury are watching you because they will be if the stop results in your arrest. While being a jerk does not waive your constitutional rights and should not be a factor in analyzing most traffic-stop related legal issues, judges and jurors are people and if they do not like you they will be less likely to rule in your favor.
Keep Your Hands Where the Officer Can See Them. The best practice is to place your hands on the steering wheel (10 and 2) while the officer is approaching your window. Leave them there until the officer asks you for your documentation. Don't make any sudden movements or reach for something under the seat, in the console or anywhere else in the vehicle. A police officer could interpret this as threatening.
Don't Be Afraid to Exercise Your Rights. Being polite and respectful DOES NOT mean waiving your rights. If a police officer asks you to waive any of your rights or you believe is violating your rights stand firm. Don't be bullied or intimidated into waiving your rights. It's perfectly legal for police officers to lie to you or mislead you into forfeiting your rights.
Do Not Consent to Any Searches. No matter what the police officers tell you DO NOT consent to a search of your person, vehicle or personal effects (purses, backpacks, etc.)
Do Not Waive Your Right to Remain Silent. You are not obligated to answer any questions the police ask. The less you say the better. In many cases, answering even basic questions such as: 1. Where are you coming from; 2. Where are you going?; or 3. Why are you in such a hurry can cause you problems if you are prosecuted for a crime. If you are detained or arrested and an officer read's you your Miranda rights, advise the officer politely that you are not going to answer any questions and would like to exercise your right to an attorney.
Do Not Fight or Refuse to Follow Orders. With the exception of consenting to any searches or answering any questions, if a police officer orders you to do something during a traffic stop do it. Never physically resist an officer's efforts to detain or arrest you. If an officer gives you an order you do not wish to follow you can simply ask the officer if you are being detained. You can also ask the officer if you are free to leave.
If you are arrested and taken to jail, continue to exercise your right to remain silent and contact a criminal defense attorney as soon as you are allowed. Sometimes citizens who are believed to have committed crimes are not arrested immediately. This scenario has become more common since the beginning of the COVID pandemic. If you are not arrested but have any reason to believe you may have committed a crime or that the police believe you committed a crime, call a criminal defense attorney immediately.
If you receive a traffic citation you may also wish to contact a traffic attorney and contest the citation. A good traffic attorney may be able to get the citation reduced to a type of infraction that has no points and is not reported to the Secretary of State. The cost of the attorney is generally worth it to avoid increases in your auto insurance premiums. This is especially important for profession drivers, commercial drivers and truck drivers—your license is your livelihood. If you are a professional driver and have received a citation in Jackson County, Michigan contact truck driver attorney Brad Brelinski.
For those who are interested in a more detailed discussion of constitutional rights in the context of a common traffic stop take a look at this article.