Have You Been Charged with a DUI?

Have You Been Charged with Another Type of Crime?

What rights do you have during a traffic stop?

On Behalf of | Jan 20, 2021 | Criminal Defense

When an officer pulls you over, you should comply, but this does not mean that you have to do everything an officer tells you to do. You still have rights that you can uphold.

The key is to understand your rights and to react to the officer with respect and a calm attitude.

A safe scene

According to WNEP, you have the right to pull over in an area where you feel safe even if it is not the exact area the officer indicates. You can move to an area with better lighting or where you are further away from traffic.

You also have the right to record the traffic stop. You can use a dash camera or your cell phone to record the interaction.

Not incriminating yourself

You also have the right to not provide the officer information that could incriminate you in a crime. You do need to provide the officer with your proof of insurance and driver’s license, but beyond that, you do not have to answer questions or provide additional information. You should inform the officer that you are exercising your right to remain silent.

You do not have to consent to sobriety testing of any kind or a search of your vehicle. You cannot stop an officer from administering tests or conducting a search, but you should make him or her aware that you do not give your consent.

Do note that in some situations, such as if you are an underage driver or hold a commercial driver’s license, the right to refuse testing for blood alcohol content may be different from a driver with a regular license who is over the age of 21.