If
you are stopped by the police
It can happen at any time—a police car appears
in your rearview mirror, red lights flashing. What
now?
The first order of business is to pull over to the
side of the road as soon as it is safe to do so.
The police officer will pull in behind your vehicle
and park.
Although there is no specific etiquette for police
stops, generally you should remain in your car and
wait for the officer to approach. You will be asked
to show your driver’s license, and possibly
your vehicle registration and proof of insurance,
so while you’re waiting, you might take these
items out of your wallet. Avoid making sudden movements
and try to keep your hands in plain sight.
The officer may question you about your identity
if the picture or physical description on your license
doesn’t seem to match you.
If an officer starts to write a ticket, there is
usually nothing you can do to stop it. Sometimes,
however, you may be able to point out helpful circumstances
beforehand: “But officer, that ‘No Left
Turn’ sign is facing the wrong way.”
What if the officer wants to search your car? If
you don’t object to the intrusion and are certain
you have absolutely nothing to hide, you can always
give the officer permission to search. If you don’t
want the search to proceed, however, you should state
clearly and politely that you do not consent.
The law governing which area of your car the police
may search in which circumstances is constantly changing.
Moreover, state laws sometimes offer motorists greater
protections against traffic stops and searches than
federal laws do. If you have a question about a search
the police have conducted of your vehicle, it is
best to consult a lawyer in your state.
Generally, however, it is safe to say that if the
officer has lawfully stopped your vehicle and has
probable cause to arrest you, he or she has the right
to search you, the passenger compartment and any
containers in the passenger compartment. And if the
officer has probable cause to believe that evidence
of a crime like drugs is present in your vehicle,
he or she can search anywhere that evidence might
be located, including the trunk, without a search
warrant.
And the officer may be allowed to “stop and
frisk” you even if you are not under arrest
if the officer has a reasonable suspicion that you
are involved in an illegal activity or are carrying
a concealed weapon.
What if you've had a few drinks? Driving under
the influence is a serious offense that under some
circumstances can be charged as a felony with a possible
prison sentence.
A police officer will stop you anytime he or she
has reason to believe you are driving under the influence
of drugs or alcohol. Among the driving behaviors
that will cause an officer to become suspicious:
driving erratically by repeatedly slowing down and
then putting on a burst of speed; weaving from lane
to lane; driving too slow; straddling the center
lane; driving in the wrong lane.
If after approaching your car the officer smells
an odor of alcohol, the officer will ask you to get
out of your car and to stand beside it. After you
obey the officer and get out of your car, you probably
will be asked to perform a series of “field
tests” or to take a “preliminary breath
test.”
Different police departments employ different field
tests. You may be asked to touch your index finger
to your nose while closing your eyes and holding
your head back, or to stand for 30 seconds on one
foot, or to walk an imaginary straight line, or to
allow the officer to shine a flashlight into your
eyes to evaluate the reaction of your pupils.
Depending on the results of the field or preliminary
breath tests, you may be asked to give a blood sample,
give a urine sample, or take a Breathalyzer test.
Can you refuse to perform the tests? Yes. But should
you? There is no categorical answer to this question.
On the one hand, unless you are positive you’ve
only had one or two alcoholic beverages, common wisdom
holds that it may be harder to convict a driver if
no tests were taken. On the other hand, if you refuse
to take a test, your driving license will probably
be suspended automatically for a long period of time.
In some states, your refusal can be used against
you in court.
Clearly you are in serious trouble either way—and
in serious need of a lawyer.
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