The Fifth Amendment to the U.S. Constitution protects all Americans from being forced to say anything which could help the government convict. You have a right not to answer law enforcement when asked questions such as these:
- Have you been drinking tonight?
- Where are you coming from?
- Where are you going?
- Do you know how fast you were going
? you know why I pulled you over? Do
It’s not necessary to answer these or any other question asked by law enforcement. What you are legally obligated to do is identify yourself. Be polite, show your identification and that is all. Ask to call a criminal defense attorney. Don’t say anything more. You cannot be detained or arrested just for exercising your right to remain silent. However, not talking to the officer may increase the officer’s suspicion which can lead to an arrest. Sometimes not cooperating with the police may even be interpreted as resisting arrest or obstructing justice.
These tips will help you:
- Keep your hands on top of the steering wheel in plain view.
- Produce your license, insurance information, and registration when asked. Beyond this, do not volunteer any other information.
- When it seems appropriate, ask if you are free to go. If you are not, politely ask for what reason you are being detained.
- If the officer asks if he or she can conduct a search of your vehicle or person, clearly but politely decline to give consent. He or she may conduct the search anyway, but you will have clearly declined it for the record.
- Never lie to the police. Instead, exercise your right to remain silent.
- Always be respectful and courteous to the police while standing your ground.
- Sign the Citation when it is given to you.
The Bottom Line: If you are pulled over by law enforcement and have been accused of a crime that is connected to your traffic stop, such as possession of an illegal weapon or possession of illegal drugs, your right is to remain silent and ask to call a criminal defense attorney. Scott Rubenstein has handled countless cases that started with a traffic stop. No matter what type of crime you are being accused of, Scott has the knowledge, experience, skill, and resources it takes to pursue a good result. Put his number in your phone now and call him 24/7: 513.260.2099