Once police activate their lights to signal someone over they are detaining that person and must be able to prove probable cause to do so. A person who has been pulled over does not have to challenge the reason for the stop to preserve the issue for Court. The officer will have to justify his reason for detaining you and that is his burden to prove in Court. It is better to put aside the issue of whether they had any right to pull you over and do not argue with the police about it. Arguing with them is something you want to avoid. Here are a few simple rules:

• Go with the flow. Don’t allow the fact that you have been pulled over elicit a strong emotional reaction, be it fear, anger or something else. Realize that once you are detained by police they are in control of the situation. Be compliant, give them the documents (License, Registration, Proof of Insurance) they request and follow their instructions;
• Be Polite;
• Remember Your Rights;
  • Searches – you do not have to agree to be searched or to allow your car to be searched. If police ask you to let them search you, telling them no is your right and doing so can’t be used against you in the courtroom;
  • Incriminating Statements – No one has to give information that may incriminate them. A person does not have to plead the fifth amendment or make any formal invocation of fifth amendment right to not incriminate oneself. They can just refuse to answer questions;
  • Ask to consult with an attorney – Contact the Law Offices of Joseph T. Brown PLC for assistance, legal counsel and representation.

 

Police can pull over a car if there is a reasonable suspicion that a law is being broken or a crime committed. Minimizing your chances of being stopped by police require taking a common sense approach to avoid attracting attention to yourself. There are two areas – driving conduct and legal compliance of your vehicle, where a little effort can minimize your chances of being pulled over by police.

As far as driving conduct goes, police are going to be attracted to speeders, people running red lights or otherwise obviously breaking the law. You don’t want to be the person speeding at 90 mph on US 1 through a school zone and drinking a beer. This person is likely to attract unwanted attention to himself. Slow and careful driving, using turn signals and coming to complete stops for example, reduce the amount of attention that police will give you on the road.

The other way to minimize your chances of being pulled over is to ensure that your car is registered, insured and inspected with all of the required information correctly displayed. Do not alter your car such as lowering it or changing the exhaust system. Do not use illegal ground effect lighting or tinted windows, and keep the stereo down to a reasonable volume. It is illegal to drive with an obstructed view, so even something hanging from a rear view mirror could give probable cause to pull someone over.

We offer free consultations for all traffic and criminal law issues, so call today to schedule an appointment. If you are able to speak with an attorney over the phone then usually you can get an appointment the same day.