If you drive a car, you will encounter a traffic stop sooner or later. The way that you handle the situation has a substantial impact upon your result.
The following advice is based on the scenario of a basic traffic stop. If the situation is more serious, such as a potential DUI or drug possession charge, my advice would be slightly different, but the general principles remain solid.
1. As Soon As You Hear the Siren or See the Lights, Turn on Your Right Turn Signal, Pull Over To the Right.
Quickly and safely pull over immediately to your right, unless the area is dangerous. Officers quickly become agitated if you continue driving in order to find a parking lot to pull over.
Even if your intentions are good, the police don’t know what you are thinking, so it is best to just pull over as soon as it is clear to your right.
2. Prepare for the Officer.
Roll down the window about 2/3 of the way, turn off the car, turn on your dome light and put your hands at 10 and 2 on the wheel. (But remember not to grip it too tight, or else the cop will peg you for another crystal meth tweaker.)
By demonstrating to the officer that you do not pose a threat, you set the officer *somewhat* at ease, and better your chances that he will be lenient. Officers never know what they are going to encounter, so showing them that you are not a threat is a positive gesture.
3. Relax…Breathe…Take Off Your Shades. Sit Comfortably.
Don’t start going through your glove compartment or reach into your pants or purse. Again, even if your intentions are good and you happen to be the most upstanding citizen in the world, the officer doesn’t know this, and he may assume that you are hiding evidence or reaching for a weapon. Just sit still for now and wait for them to approach.
4. Let The Officer Speak First. Be Polite. Follow Their Instructions. Do Not Argue.
The officer may start out by saying “Do you know why I stopped you?” Look her in the eye and politely tell her that you don’t know why you were stopped.
Next they will probably ask you for your identification. Tell them where it is and that you are going to get it: “It’s in my glove box, let me grab it.” (Tip: keep your insurance and registration well organized.)
Don’t skip ahead at this point and start arguing or discussing why you were pulled over. Just follow her instructions. She may tell you why she stopped you as you gather your information. Listen to what she is saying, it will give you clues as to the seriousness of the situation and your possibilities.
5. Respond to the Officer. Be Formal, but Avoid Sounding Patronizing.
If he asks you, “Is there any reason why you were speeding?” You will have many choices for how to reply and no one, attorneys included, can provide a script that is the best for all situations.
It is impossible to know for certain the best way to respond. It is rare that admitting to breaking the law will help and my general advice is not to admit to doing so. However, on occasion admitting a mistake and asking for leniency can work. The problem: if it doesn’t work, the officer will now be able to use your admission against you.
Most of the time I submit that the safest response is: “I am sorry officer, I did not think that I was speeding. I am a very careful driver and I would never speed on purpose.” Notice that you are not admitting guilt and you also are not calling him a liar. (Tip: never call him a liar, never argue and never act confrontational.)
6. Ask for Leniency.
If you think he is going to write you a ticket, the time to ask for leniency is right now–before he goes back to the police car. If you have a compelling excuse, such as a medical emergency, say so. Be brief and reasonable.
If it isn’t an emergency, I have found that the following often works: “I understand what you have said and I am not going to argue with you sir. I would never break the law on purpose. Could you please give me a warning? I try very hard to be a good citizen and the last thing I want is to receive a citation.”
It might work, it might not. But it is *unlikely to hurt you because you are not discussing the facts nor admitting guilt.
*I say unlikely instead of impossible because any time you open your mouth at all, things can go wrong. If you speak, the officer could recall that you apologized and admitted to speeding. If you remain silent, you all but eliminate this possibility. It’s hard to ask for leniency and remain silent at the same time, so you’re going to have to make a judgment call.
7. Be Polite in Closing.
Whether you receive a citation or not, keep your cool. You might challenge the citation and the last thing you want to do is be memorable. Officers will make more detailed notes when you swear, shout or make threats such as “See you in court!”
8. Make Notes of What Happened.
As soon as you can, capture everything you can remember, notes, photos, weather, signs, etc. Write down why you were pulled over, what the officer said, what you said, and any other information that you believe is relevant.
Memory fades with time and this information could prove to be quite helpful.
9. Consult With an Attorney if You Receive a Citation or are Arrested.
Many people are afraid that an attorney will be too expensive so they never see one. Anytime the citation is for a misdemeanor I think it’s a slam dunk that you see an attorney. Even for infractions it often makes sense considering the time saved from having to worry about it, peace of mind and an improved outcome.
