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You are not under arrest if you are pulled over, however, you are under the control of law enforcement. Your only requirement is to show your driver’s license, insurance and vehicle registration. That is all.  Often, police will start asking questions – where have you been and where are you going are commonly asked. Don’t answer.  No matter how innocent your answers are, know that they are beginning their investigation and anything you say could be used against you. Furthermore, they will be looking for more evidence of any other illegal activity beyond the reason you were stopped. The best criminal defense attorneys in Ohio will tell you to simply sit quietly. Answer nothing without an attorney present.

As a  criminal defense attorney, this is the best advice should you be pulled over:

  • Think carefully about your words, movement, body language, and emotions.
  • Don’t get into an argument with or lie to the police.
  • Keep your hands where the police can see them.
  • Don’t run. Don’t touch any police officer. Don’t resist even if you believe you are innocent.
  • Don’t complain on the scene, tell the police they are wrong or that you are going to file a complaint or lawsuit.
  • Do not make any statements regarding the incident.
  • In order to preserve your right to remain silent, you must clearly tell the police officer that you are invoking your right to remain silent and then be silent.
  • Write down everything you remember ASAP. Remember officers’ badge and patrol car numbers. Try to find wit- nesses and their names, addresses and phone numbers.
  • If you are injured, take photographs of the injuries as soon as possible, but make sure you seek medical attention first.
  • What you say to the police is always important. What you say can be used against you, and it can give the police an excuse to arrest you, and search you and your car especially if you bad-mouth a police officer.
  • You don’t have to answer any questions asked by the police. However, you are required to provide your name, address, and date of birth upon request. You can be arrested in Ohio for refusing to provide this information.
  • You should never consent to any search of yourself, your car, your cell phone or your house. If you DO consent to a search, it can affect your rights later in court. If the police say they have a search warrant, ASK TO SEE IT.
  • Do not interfere with or obstruct the police–you can be arrested if you do.

The Bottom Line:  You are most likely being recorded from the minute you are stopped until you are released and it will be used in court.  It’s natural instinct to try and talk your way out of the situation, but instead end up incriminating yourself.  Remain silent and know that as a criminal defense attorney in Ohio,  I am prepared to aggressively defend you and fight effectively for your rights.

Call me: 513-260-2099