The police have the right to stop and detain you in your car for a traffic violation or an equipment defect on your car. A detention is different from an arrest and by law must last no longer than is required to resolve the purpose of the initial detention. If an officer is attempting to pull you over be sure that you park in a legal parking area off the road. If you can’t get into a parking space, ensure that the car is not obstructing traffic.

When you stop, place your hands on the top of the steering wheel so the officer can see them. If it is night time, turn on your interior lights. Lower your window just enough to be able to talk with the officer and to hand him any requested documents through the opening. However, don’t start reaching for your driver’s license and insurance papers. There is plenty of time to retrieve them when the officer asks for them.

What you say to the police is very important as it may be used against you later. It may also give the police an excuse to arrest you on the spot. Be careful what you say; be careful about making admissions. The police have the right to ask for your name, your driver’s license, your proof of insurance, and, in some cases, for your registration or title to your car. Keep your cool. Be respectful in dealing with the officer. If the officer requests documents, tell the officer where your documents are and that you are getting them. The officer will usually ask you other questions designed to get an incriminating response such as, “I clocked you at 49 in a 35 miles per hour zone. Do you have an emergency or reason for going so fast?” If the officer asks a question that you don’t know the answer, it is okay to tell him you don’t know. Often, they will ask where you have been and where you are going. If you have a passenger, they will often ask the passengers the same questions to see if the answers are the same. Win the encounter by maintaining your poise. Be aware that the police are usually making a video and audio recording of the detention. So, usually, they will have a recording of what you say.

If you are asked to get out of the car, place the transmission in park, turn off the ignition and lights, close the windows, lock the doors, and put the keys in your pocket or purse to secure the vehicle. It is a good habit to be in to always secure your car when you are not in it. Often, the police will ask, “Do you have anything illegal in the car? Drugs, guns, alcohol?” Obviously, if you say yes, you are admitting to a crime. If you say no, the officer may then ask, “Then, you don’t mind if I take a quick look in your car, do you?”

YOU ARE NOT REQUIRED TO CONSENT TO THE SEARCH OF YOUR PERSON, YOUR CAR, OR YOUR HOME. JUST SAY ‘NO’ TO CONSENSUAL SEARCHES. If you do consent to the search, it can affect your rights later in court.

If the officer is asking for consent, he may not believe he has probable cause to search without your consent. If the police have ‘probable cause,’ that is, a sufficient legal reason such as the smell of marijuana emanating from inside the car, they can search your car without your consent. You have the right to respectfully ask why he would want to search your car. However, make it clear that you are not consenting to the search. It is not lawful for the police to arrest you simply because you refuse to consent to a search. Even if they say they will get the drug-sniffing dogs, you are not required to consent.

The police may ‘pat-down’ your clothing if they feel threatened or suspect that you have a weapon. The pat-down is not supposed to be a full-scale search of your person. DO NOT GIVE THEM ANY REASON TO FEEL THREATENED OR BELIEVE YOU MAY HAVE A WEAPON, AND DO NOT RESIST OR INTERFERE WITH THE POLICE.

If the officer suspects that you have been driving while intoxicated, he will likely ask incriminating questions such as, “Have you been drinking? How much have you had to drink? What have you been drinking? Would you allow someone who has been drinking as much as you have to drive with your children in the car?” Be careful of your answers, and remember, your conversation is being recorded. IT IS NOT ILLEGAL TO DRINK AND DRIVE. It is only illegal to drink to the extent that you are intoxicated and then drive.

If you have been drinking, the officer will likely attempt to get enough evidence to arrest you. Most states have an ‘implied consent law.’ This means that as a condition for getting a driver’s license you have impliedly consented to submit to a battery of sobriety tests when requested. If you refuse to submit to the tests, your driver’s license can be suspended for a period of time, usually several months.

Remember that the officer is attempting to get enough evidence to arrest you. The tests typically consist of an eye test and two balance oriented tests: the horizontal gaze nystagmus test, the walk-and-turn, and the one-leg stand. You can refuse to submit to the tests though you may be arrested if you refuse. However, without the evidence that the tests may provide, your attorney may be able to better defend you later in court.

If you are arrested, you have the right to remain silent and to talk with a lawyer before you talk to police. You will be taken to the station and asked to submit to a breath test. There is controversy over the accuracy of the breathalyzer machine. You are not required to submit to that test, and you have the right to request a blood test which will give more accurate results.

You are not required to give any explanations, excuses, or reasons for what happened. If you have been arrested, the police are seeking more evidence or admissions to secure a conviction; they are not trying to help you. Ask to see a lawyer. If you can’t afford a lawyer, the law requires that you be appointed one. DON’T TALK OR SAY ANYTHING WITHOUT A LAWYER.

Some general guidelines: Keep anything you wouldn’t want a police officer to see out of open view of someone looking in your car or even your house. Keep your cool; be courteous and respectful to the police, ask appropriate questions, and insist on your rights. Ask why you have been stopped if the officer doesn’t tell you immediately. You don’t KNOW unless he TELLS you. Ask if you are free to leave when your documents have been returned to you or if the stop is taking a long time.

If you are given a ticket, sign it or you can be arrested. Signing the ticket is not an admission of guilt; it is a promise to appear and deal with the ticket. JUST SAY ‘NO’ TO CONSENSUAL SEARCHES. IF ARRESTED, DON’T TALK WITHOUT A LAWYER. CALL YOUR LAWYER!