This month in Cincinnati, with the Sam Dubose situation, we saw how quickly things can get out of hand when you are pulled over by law enforcement. It’s important to know what you are allowed and not allowed to do at a traffic stop, and everyone needs to know their rights. There aren’t many people who don’t feel nervous and anxious when they see those flashing lights behind them. Once you have pulled over safely, simply turn your car off, roll down the window, stay inside the car and keep your hands on the steering wheel. It’s best to make it very obvious that you don’t have anything in your hands or that you are not reaching for something. At this point, hopefully, he will have told you why you are pulled over.
An officer is allowed to ask for a driver’s license, registration and proof of insurance and you must provide them. Most likely the officer will ask a lot of questions and you are absolutely not required to answer any of them. This is your right – and always the first choice any criminal defense attorney would agree to – remaining silent. If you are asked to get out of your vehicle, you must but the officer does not have the right to ever search your car without a warrant.
You are also allowed to record the entire situation with your smartphone just the same way officers have body cameras now. Can you smoke? Yes, and the officer doesn’t have the right to tell you to put it out.
The Bottom Line: Try to remain calm and peaceful. No matter the reason you have been pulled over, the only thing you should say is that you want to call your criminal defense attorney. Don’t answer questions, don’t be bullied into saying or doing something that will go against your rights. Keep my number handy: 513-260-2099
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