The Bourque Law Firm

What to do if you are stopped by a Police Officer for a traffic violation?
  1. Keep both hands on the steering wheel, at 10 and 2, and your seat belt on until the Office has approached your window and ask for your Driver's License, (D.L.) and Insurance. Police Officers are trained to prepare themselves during a traffic stop for unexpected dangers. Often, the Officer will approach from the back of your vehicle and watch you through the side mirror. If you take off your seat belt and start rummaging through your purse or glove compartment for your D.L and insurance, they can not see what you are doing and may feel you are hiding something or grabbing for a weapon.
      
  2. A properly trained Police Officer will approach your vehicle and ask for your D.L. and insurance.  By law you must provide this to them. An improperly trained Officer will ask you questions about where you are going, your speed etc..., (see #4). If this happens, respond by politely asking the Officer, "Is there a reason why you stopped me, Sir?"
      
  3. Smile and be Polite. Don't argue with the police officer. Although a traffic stop can be very intimadating and some Officers can be very rude, the most important thing you can do during a traffic stop is to create a situation no one will remember three months from now.
      
  4. Unless there is an emergency, it is advisable not to answer any questions regarding why you were stopped, how fast you were going or what the speed limit is, where have you been, where are you going, are you in a hurry, have you had any thing to drink, etc... The Officer may be taking notes (or the stop video recorded) and they are probably not going to used this information to prove your innocence. IT IS VERY IMPORTANT TO REMEMBER: The Officer can ask you investigative questions, (like those above), during a traffic stop and the answers to these questions can be used against you in Court. YOU DO NOT have to answer any investigative questions asked by the Officer regarding your traffic stop. If the Officer ask you questions regarding your speed, etc... smile be polite, ask the Officer is there was a reason why you they stopped you etc..., but you do not have to answer their question. If they ask you do you know why you were stopped, you can say No. But remember: Always be polite and respectful to the Officer and try to create a situation that no one will remember a few months from now.
      
  5. Remain calm given the circumstances. Traffic stops are more and more being used as a pretext to stop and question a driver for drug and alcohol enforcement. Often, another Officer will approach as a back up to the first Officer. This can be very intimidating. Officers do this for their protection as well as to search your vehicle from the outside. An Officer can not physically enter your motor vehicle. They can use high powered flashlights to search inside your vehicle as well as look inside your vehicle from outside.
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