As happens to most of us at some point,
you’re driving down the street and you see the blue lights in the rear view mirror. Great, you’re being stopped by the police, now what?
Most
of the time the police are going to be stopping you for a minor offense. It
could be speeding, running a light or stop sign or some other infraction. When
you are stopped do not exit your car unless you are specifically asked to by
the officer. For safety reasons the police like you to remain in your car.
Don’t fumble around with your license or reach into your glove box to get your
registration until the officer comes to the car and asks you for it. When
officers see you getting things out of the glove box or reaching into your back
pocket for a wallet they don’t know what you are reaching for and it makes them
very nervous. The officer may take a few minutes to actually approach the car.
What he is doing before he comes to the car is running your license number
through the computer to see if the car is stolen or you are wanted. Be patient,
this usually doesn’t take long.
Shortly
after the stop the officer will come to your car door. When he or she does,
have your hands on the wheel or at least in plain sight. The first thing the
officer will probably ask you for is your license and registration. This is the
time to go ahead and retrieve these items. The officer will probably then
glance at the inside of your car or at night shine his or her flashlight into
the car. This is standard procedure to see if you have anything that is
obviously illegal in plain sight. The next thing the officer will do is inform
you why he stopped you. Not all officers do this but most will. They may state
that they stopped you for speeding or some other infraction. Or, they may ask
you if you know why you were stopped. In either case, don’t offer information.
If they ask you why you were stopped just say you don’t know. The reason for
this is that if you say you were speeding or doing something else wrong they
will use that information against you in court to help convict you. A typical
situation is, (Officer) - “Do you know why I stopped you? (You) - I think I was
speeding. (Officer) - Do you know what
the speed limit is here? ( You) - No,
I’m not sure. (Officer) - How fast do
you think you were going? (You) - I
don’t know.” By the time this gets to court the officer will testify that you
admitted to him that you did not know how fast you were going and that you did
not know the speed limit where he stopped you. This gives the judge very little
choice but to believe that the officer is correct in his observations and find
you guilty. The better course of action is to politely tell the officer that
you don’t wish to answer any questions.
There
are two things you should always avoid. First when the officer tells you why he
stopped you don’t argue with him. You are not likely to change his mind by
telling him he is wrong and in all likelihood it will only serve to make him
mad. In his mind you are simply calling him a liar. Second, don’t try to talk
your way out of a summons or arrest. The officer is going to do what he wants
to do and you are not going to have any impact on him by trying to sweet talk
him or bargain with him. Generally the only thing you can accomplish by doing this
is dig a deeper hole for yourself. You will probably say something that can be
used against you in the conversation such as indicated in the previous
paragraph. Furthermore, the officer may indicate to the judge that you were not
cooperative during the stop which may have an impact on how the judge perceives
your case and how he will sentence you if he or she finds you guilty. Another
reason not to make the officer mad is that he or she has great influence on
both prosecutors and judges in determining whether your charge is dismissed or
reduced at court. The more you irritate a police officer the less likely that
you or your attorney can strike a bargain with them for a lower charge or
dismissal of your case.
After
the officer has issued a summons he will return to your car and ask you to sign
the summons. The signature is a personal pledge by you that you will appear in
court. It is not an admission of guilt. If you refuse to sign the summons
indicating that you will appear for court the officer will in all likelihood
arrest you and take you before a magistrate to post a bond. There is no reason
that you should not sign the summons.
After
the officer has completed the stop you will be free to leave the area and
continue on your way. It would be wise to consult a lawyer about your situation
to see what your best option might be. Many times there can be consequences to
a conviction that may not be immediately apparent. Most attorneys will consult with you over the
phone or schedule an appointment to discuss the matter. At the law office of Michael S Davis, we
handle these matters on a daily basis and would be happy to discuss your
situation at no cost and help you determine your best course of action.
