Traffic stops occur for many reasons, most commonly for ordinary moving violations. They are never a fun experience. However, always be mindful that conducting a routine traffic stop can put a police officer in very dangerous situation. Officers are trained to observe and interpret behavior and movements during traffic stops, which sometimes means that behavior a lay person may consider innocent could be interpreted as potentially threatening. Here are some simple rules to follow if you find yourself the subject of a traffic stop:
• Pull over and park your vehicle as soon as it is reasonably safe to do so (and use your blinker);
• Stay calm. and do not say or do anything that could be interpreted as threatening, even as a joke;
• Do not get out of your vehicle unless instructed to do so by the officer;
• Have your driver’s license and insurance card ready to show the officer;
• Keep both hands in plain sight, and do not reach for anything without first telling the officer what it is you are looking for;
• You have the legal right not to answer any of the officer’s questions, such as “Do you know why I stopped you?” or “Do you know how fast you were going?” Your responses could be used against you in court.
• Do not argue with the officer. If you think the officer is in the wrong, save your argument for court.
Following these simple rules should help you get through a traffic stop without any unnecessary aggravation. If you have a received a traffic citation, be sure to contact an attorney at Wagner, Falconer and Judd to discuss your rights and options.
For information on what do do after a traffic stop, take a look at this entry.
Attorney Steven R. Coon
Grateful, Steven, for this helpful listing of bullet points. One to consider adding is to NOT remove your seatbelt until the officer either tells you to, or notices you have it affixed. Rationale: in a stop last year, I unfastened my seat belt after being pulled over in order to get my hip pocket wallet, prior to the officer coming to the driver’s side window. He threatened to give me a citation for not wearing a seat belt!
I was stopped once and asked, do you know why I stopped you?
I did answer the question, but if I didn’t want to answer the question what would you say to that question to not make the officer get on the defensive?
Thank you.
June Anderson
Very good advice. With the recently passed concealed carry law in Wisconsin, what advice would you give us if we have a legal weapon in the vehicle or on our person at the time of the stop.
June –
While I know its naturual to want to be honest and answer the officer’s question, you should always say “no” when asked if you kow why you were stopped. Truth is you do not really know – you may think it was for speeding but in fact the officer may have stoped you because you had a tail light out, etc. Plus, if the officer did in fact stop you for speding, and you tell the officer you know he/she stopped you for speeding, the officer will likely write in his/her report that you admitted that you were speeding, which would be used against you at trial.
Corky,
Coming from Texas I had a concealed carry license down there. The instructors told us that if we were pulled over and carrying at the time that one should also give the officer your carry permit with your drivers license as the officers natural response is usually “Why did you show me this”? Then you can answer that you have a firearm on your person or wherever. At the officers discretion is what happens next but, generally they will hang onto it until the stop is completed.