I've Been Pulled Over - Now What Do I Do?

March 01, 2011

You are driving along at night minding your own business when suddenly you see the lights flashing behind you. That sinking feeling hits your stomach. You know that you have to pull over (and you will remember to use your turn signal when doing so), but then what?

As criminal defense attorneys, we interact with Police Officers and State Troopers as part of our work defending people who are charged with DWI or DUI. A number of these officers have shared their experiences with us and provided the following tips for drivers who find themselves on the side of the road waiting for the officer to walk over and ask ...

Do You know Why I Stopped You? or

Do You Know How Fast You Were Going?

When you have been stopped for speeding, or an unsafe lane change, or for some other moving violation, we suggest that you keep the following in mind should that unfortunate event transpire.

1. Turn on the interior lights of your car

Try to consider that Police Officers do not know who you are or how many people are in your car when they have first pulled you over. They do not know if you are armed and dangerous, are fleeing from a robbery or running drugs upstate. They have to approach your car with caution and be prepared for the worst. Turning on your cabin lights will immediately signal the officer that you have nothing to hide. The officer will then be able to see inside your car and determine that you are not a threat before ever communicating with you or having to use a flashlight.

2. Lower your driver's side window

This facilitates communication and you know that the officer is going to ask you to do so anyway.

3. Put your hands on the steering wheel

You may not think that it is anything out of the ordinary to fish around in your pocket book or glove compartment for your license and registration, but you would be wrong. The officer has to be prepared for your actions to be anything other than innocent, like searching for a weapon. Having your hands on the steering wheel where the officer can see them is a great way to show the officer that you are no threat. This can help diffuse the situation immensely.

4. Be Polite and Calm

Let's face it. No one is happy when they have been pulled over. You can be justifiably upset for even being in the situation, but nothing good will come from a poor attitude or a defiant tone with a law enforcement officer. You will not be able to talk your way out of a speeding ticket with arrogance or a condescending demeanor.

If you are calm and polite, you give the officer good reason to respond in kind.

Keep in mind that a late night encounter with police on a city street anywhere near a bar will have the police officer thinking that a potential DWI or DUI situation is at hand. When you have been stopped for reasons having nothing to do with drugs or alcohol or any crime, your actions in response to the Police are still important.

What if I was going way over the speed limit or driving in a very aggressive manner?

All the more reason for you take the above steps to defuse the situation as the officer will not be in a good mood when he or she comes to your window.

Conclusion

Following these tips will ensure the least confrontational encounter with most law enforcement officers. If the officer would ever be inclined to let you go with a warning, you will have maximized your chances for getting that break. You may still come away with a ticket, but perhaps the officer will recollect your positive behavior should you go to court to fight the ticket. Your chances at getting the officer to offer a favorable plea in court will have then increased.

Remember to buckle up before you start the car!

Article provided by Greenspan & Greenspan
http://www.greenspans-law.com/
New York Criminal Defense Attorneys