WHAT TO DO IF YOU ARE PULLED OVER FOR A TRAFFIC OFFENSE

 

 

You’re driving home from the party or from a casual evening at a friend’s house. You’re not drunk, but maybe you had a beer or two. You’re not speeding, but maybe you briefly went over the limit to pass a slow poke. All of a sudden, the rear view mirror is filled with the tell-tale flashing lights of a police car, right behind you. After a few seconds that last an eternity, it’s clear that he or she wants you to pull over.

Are you going to be popped for speeding, DWI, maybe something else? What do you do? What do you say? How do you make sure that you comply with the lawful demands of the police without saying or doing anything that will hurt you in Court? In a nutshell, what should you do and not do?

With the obvious disclaimer that each situation is fact-specific, and that you need to follow your own common sense, here are some general do’s and don’ts I offer my clients for this type of situation:

What to Do:

• If the officer directs you to pull over, pull over. Pull over in as safe an area as is immediately available to you.

• Keep your hands on the steering wheel until the officer tells you that you can move them.

• When directed by the officer, present your license, registration and insurance card. Tip: have this organized well-ahead of time so you don’t go fumbling for them when asked. Also, don’t go reaching into your glove box or elsewhere until you ask the officer if you may do so, as they don’t know what you may be reaching for.

• Stay in the car unless and until you are told to exit. If you are asked or ordered to step outside the car, you should do so.

• Tell the officer that you wish to have your lawyer present for any further questioning.

• If breath samples are requested, give them.

• Call your lawyer (hopefully an experienced New Jersey traffic or DWI attorney) as soon as possible.

• Be polite, but read below….

 

What NOT to Do:

• Don’t volunteer information. Don’t think that you’re helping yourself by admitting that you were drinking, speeding, possess marijuana, etc.

• Don’t answer police questions. Resist the internal pressure you may feel to defend or explain yourself to him or her. It’s not necessary, and it can hurt you.

• Don’t engage in what might seem meaningless “chit chat”.

• Don’t lie. Better yet, don’t say much at all.

• Don’t be hostile or aggressive towards the officer. They’re just doing their job. Let them do it.

• Don’t submit to balance or other field sobriety tests.

• Don’t consent to the searching of your car.

• Don’t sign any documents.

 

If you are reading this article, it’s probably because you or a loved one has been pulled over by the police in the past, and that you failed to follow some of the advice offered in this article, and have the points, suspended license, fines or jail term to show for it. You’re determined to avoid that happening again. Or maybe you’ve found this article because you’ve just been pulled over and received some tickets, and are trying to figure out what to do next. In either case, please write down my name and telephone number: David C. Barry, Esq., (732)238-8686. I’ve been successfully defending New Jersey motorists since the 1980’s. Call for a free consultation. Maybe my experience and insights can be of assistance to you.

Email: BBL@BowneBarryLaw.com