By John Zollo
What You need to Know about your civil Rights when being pulled over by the police.
It’s every driver’s most dreaded hassle, when those red and blue lights roll up behind you. From the moment you look in the rear view to the second you roll down the window, it’s a perfectly normal response to get upset and nervous. But taking that brief period of time to take a calming breath and remember your rights, could mean the difference of paying a hefty fine and getting off with a warning. Here are the top ten tips you should remember when being pulled over by the police.
- It’s not the Police’s job to ruin your day. It’s their job to protect the people of community, including you. Keep in mind, the police are only trying to protect your safety, when speaking to an officer. Plus, It doesn’t hurt to thank the police for taking care of your well being, when being stopped.
- Remember your Miranda rights: Even though you are only being pulled over at the time, your Miranda rights still apply in this situation. You have the right to remain silent. Regardless if you’re being pulled over for speeding, a DUI checkpoint or if potentially driving a car that matches a description of another vehicle, it is your legal right to tell the officer, you would like to remain silent during his/her process. Just remember that silence will most likely equal suspicion in this case.
- You have the right to film or record the traffic stop. It is your first amendment right to record a Traffic stop. While police cruisers are equipped with cameras, you may want a clear audio record if you feel you’ve been pulled over for a bogus reason or just to cover your bases. However, when you do so, be cordial to the officer so you do not aggravate him or her. Saying something as simple as Officer, this is in no way meant to be an insult to you… but I’d like to protect myself as you do with your camera by recording our encounter, conversation or event. Thank the Officer for respecting your Amendment rights and carry on with the process.
- Keep it cordial: You are not required by law to answer questions when being pulled over, only to present your license, registration and insurance information. However, your silence will most likely lead to more doubt and distrust from the Officer. Keep your answers short and simple and address the police as Officer out of respect. Answering basic questions such as,Where are you coming from and Where are you heading to are common when being pulled over. However, if an Officer begins to ask for specifics like Why were you were there, you have the right to respectfully decline to answer, by saying something like, “Officer, I don’t mean to disrespect you but my lawyer says it’s my right not to answer personal questions such as that.”
- License and Registration will be the very first thing an Officer will ask you. The second will be, Do you Know why I pulled you over. ALWAYS say No Officer. Offering up answers other than no, may open you up to incriminating yourself in a secondary ticket.
- Your car can be searched without a warrant. In specific circumstances, such as an illegal item in plain sight, an officer may search your vehicle without having a search warrant. It is imperative that you calmly ask to be put on record, that you do not consent to the search warrant. This could help your legal counsel and yourself later on, should the search lead to an arrest.
- New York’s implied consent laws requires you to submit to pre-arrest breathalyzer test or a portable breath tests (PBTs) if the police have probable cause to suspect you of a DUI. However, PBT’s are not always reliable. Which is why the Officer will run a chemical test back at the Precinct (blood, saliva or urine). It is your right to request a second chemical test of your own choosing.
- Unless you’ve been involved in a fatal or critical accident, you have the right to refuse a breathalyzer test. Keep in mind that severe consequences for doing so will follow. You will be arrested, fined and face suspension of your driver’s licence for a year (first offense), but only if the arresting officer warns you of the consequences for refusing the test. Additionally, the police have the right to search your car after the arrest has been made. While it will be difficult to prove a DUI without a test in Court, refusing the test can also be used against you.
- If you are given a ticket, don’t fight it then and there. There are many ways to have a ticket dismissed after the fact. Keep quiet, take the ticket and move along.
– First thing to do is file not-guilty on the back of the ticket.
– Next, check every last detail, from the make and model of your car, to the date and time (including AM or PM). Any incorrect information on the ticket, can lead to a dismissal.
– Postpone your court appearance for as long as possible. The more time that passes, the more likely the ticketing officer will forget the details, or be unavailable to appear in Court.
– When all else fails, study the code violation language in detail. For example, if you were speeding, did the officer track you using a radar while moving? Was the radar up to date in certification and calibration.
– Did the officer prove the radar used was up to regulation before testifying to the reading? If so, you can object and state the evidence is inadmissible
Let the officer prove his case. He has a long list of procedures to follow in court to prove you were in violation. If he fails to check just one off his list, you can point out reasonable doubt in your favor. - Just because you get a ticket, doesn’t mean you’ve been found guilty. However, if there’s just no getting out of the ticket, ask the prosecutor if a plea can be worked out, such as attending a traffic school instead of the ticket. In certain instances you would be best served by registering and taking a defensive driving course or, if appropriate certain counseling courses to mitigate the consequences of a guilty determination. Traffic school might be a bummer, however it beats paying fines and insurance premiums.