What to do, or what not to do, when pulled over by a police officer on the road

One of the most panicking situations is hearing the sound of a police siren and bright flashing lights in your mirror. No doubt about it, whether you committed a crime, or not, here are important things you need to do, or not to do, when you are being pulled over by law enforcement.

First, of course, use your turn signal and pull over to the right side of the road if possible. Make sure you pull over in a safe place, even if it means driving a couple hundred more feet. Neither you, or the officer, wants to pull over where there is a higher chance of either of you being injured.

Second, turn off your car, and then slowly roll down your window. Wait till the officer tells you to retrieve your license and other paperwork. Do not rummage through your glove box looking for it as the officer may believe that you are either retrieving a weapon or disposing of drugs, etc.

Third, you should sit still while he is speaking with you. Do not reach for anything unless the officer tells you to.

Fourth, let the police officer talk first and follow his instructions. Do not argue with him. The officer will give you a chance to speak.If he does not, calmly ask if you can speak. By all means to not get angry or shout. This will get you nowhere.

Fifth, if he should give you a ticket, calmly accept it and review it before you sign it. Note that under most situations, if you refuse to sign the ticket (which is a notice to appear), you will likely be hauled off to jail. Signing a ticket does not mean that you are pleading guilty.

Sixth, it is wise to speak with an attorney if you received a ticket. In Florida, if you accumulate too many points on your license in a period of time, your license may be suspended, or even revoked.

Disclaimer: This article is intended to inform a reader about what to do and not to do when being stopped by a police officer. This article should not be construed as legal advice. Remember that each legal case is different and should be evaluated by an attorney-at-law. Consulting a criminal defense lawyer is advised.

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Timothy C. Nies leads a firm's personal injury, maritime injury, civil litigation, and commercial litigation practice groups.  He has spent the past 10 years, first defending well-funded insurance companies and large corporations in complex personal injury cases. If you you are looking for a Stuart criminal defense attorneys, go to Vanriperandnies.com. The Stuart criminal defense lawyers at Van Riper & Nies Attorneys, P.A. can help you today!

Five Basic Constitutional Rights All American Should Know if Arrested or Questioned by Law Enforcement Officers

The Constitution of the United States guarantees specific basic rights to citizens arrested or questioned by law enforcement. Some of the basic rights include the right to have a legal counsel, the right to remain silent, etc. You need to know your rights as enshrined in the Constitution. Below are some specific rights you should know in the face of criminal investigation:

The Right to Remain Silent

No person is obliged to talk to police authorities when interrogated concerning a crime. You should NOT give any statement, but politely provide your name and give your driver’s license if requested. The Fifth Amendment as well as the Miranda decision of the Supreme Court protect American Citizens. When you are arrested for a criminal offense, anything that you say to the arresting police authorities is likely to be used against you in court.

The Right to Counsel

This is another important right you should not forget when you face criminal charges. The Sixth Amendment guarantees you the right to counsel by an attorney prior to being questioned by the police. Retaining a lawyer, whether a private attorney or a public defender,if you cannot afford one, is critical prior to making any statement to the police.

The Right to be protected from Unreasonable Searches or Seizure

Unless a police officer shows you proper credentials and a search warrant, you should not allow any form of search to be conducted on your body, property and car. The Fourth Amendment keeps you from unfounded searches and seizures. If a police officer shows you a warrant, you must ask to read the content of the papers before allowing them to conduct search. It is also better to ask the police officer if you may watch as they conduct the search and to call your attorney prior to the search.

The Right to Due Process of Law

This specific right guarantees you to have a fair trial or fair trial and that specific rights and/or privileges shall not be taken away from you.

The Right to Speedy and Public Trial

A speedy public jury trial is guaranteed by the Sixth Amendment, unless you request a bench trial. The right to a speedy trial in the U.S. makes sure that defendants do not spend an unreasonable amount of time in jail prior to a public trial. Infringements of the speedy trial rule may result in a dismissal of the criminal charges.


Disclaimer: The information contained in this article is general information provided to you “as is”, it does not constitute legal advice and the author is not acting as your attorney. No claims, promises or guarantees about the accuracy, or adequacy of the information contained in, or linked to this article or website, and its associated sites.

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Timothy C. Nies leads a firm's personal injury, maritime injury, civil litigation, and commercial litigation practice groups. He has spent the past 10 years, first defending well-funded insurance companies and large corporations in complex personal injury cases. If you are looking for Stuart criminal defense attorneys, go to Vanriperandnies.com. The Stuart criminal defense lawyers at Van Riper & Nies Attorneys, P.A. can help you today!