Disclaimer

Information provided in this blog is not intended to be legal advice or serve as a substitute for legal advice provided to you by an attorney based on facts specific to your situation. Nothing provided on this website creates, or is intended to create, an attorney/client relationship.

Sunday, May 1, 2011

Pulled over by the police… now what?

For a lot of people being pulled over is a stressful event.  This is the case even if the person doesn’t have anything to hide.  For others, being pulled over is a matter of routine and more of a hassle than anything else.  Below are a few pointers on how to handle yourself should you be asked for your license and registration:
1.     When you see the flashing lights or hear the siren behind you, pull over as quickly and safely as possible.  Always use your traffic signals. 

It is important to pull over as quickly as possible because if the officer thinks you are fleeing or avoiding the stop, you will be charged with a felony automatically when the officer catches up with you.  Minnesota law does not distinguish between fleeing for 5 blocks versus several miles - they are both felonies. 

2.     Keep your seatbelt on and buckled.  Make sure your hands are on the steering wheel as the officer approaches. 
This advice applies to any passengers in your vehicle as well.  Officers get very nervous if you are fidgeting or hiding your hands.  Recent violence against police officers has given them reason to be extra cautious when approaching your vehicle.  By keeping your hands visible you will put the officer more at ease, which will make the entire exchange more pleasant for both of you.  It is important to keep your seatbelt on simply to avoid getting a ticket for not wearing one.  The current cost of seatbelt violations is $130. 
3.     Always be polite.  Do not use profanity or rude gestures.

You can expect that if you have an attitude towards another person, especially an officer, they will have no reason to be respectful towards you and will not cut you a break.

4.     You are required to tell the officer your name and other identifying information. 

You DO NOT have to answer any other questions.  DO NOT offer information, let the officer speak first.  “Minnesota Nice” may compel you to want to answer when an officer asks you if you know why you were pulled over or if you have had anything to drink, fight the urge to answer.  If the officer is asking you if you know why you were pulled over, or how fast you were going, it is prudent to either say nothing, or to ask the officer to tell you why. 

5.     Do not exit your vehicle unless you are asked to do so.

This follows along the lines of fidgeting and hiding your hands.  If you make unexpected movements or try to approach the officer you will not be doing yourself any favors.  In addition to making the officer nervous or angry, you may be charged with obstructing the legal process for not listening to the directions and interfering with the officer’s ability to clear the traffic stop.  Of course, the validity of any potential charges or tickets would need to be evaluated by a lawyer or a court. 

If you are asked to exit your vehicle, comply with the request, but make sure to close your car door behind you after you exit.

6.     You do not have to consent to a search of your vehicle. 

During a routine traffic stop there is no reason for an officer to need to look in your trunk.  If you are asked if the officer can search your car – you DO NOT have to allow them.  If the officer has a valid reason, they will obtain a warrant to search the car. 
*Information in this blog is not intended to be used in place of legal advice specific to your case from an attorney.  Contact Jennifer Congdon today to discuss your case.  651-705-6311*  http://www.congdon-law.com/ 

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