What Is a Traffic Stop and What Should I Do?
A police officer can only conduct a traffic stop if they have reasonable suspicion that a traffic violation occurred.
After a law enforcement officer signals the driver to pull over, often with the use of their lights or siren, a driver can acknowledge the police officer by slowing down and turning on their flashers as they find a safe place to park.
The driver should stop as soon as possible where it is practical to do so.
A driver may pull over on the shoulder of a larger road or highway. On smaller roads, a driver may continue driving until they locate a safer place to stop, including a lane shoulder or parking lot.
For the safety of the driver and police officer, the driver should try to pull over in an area that is well-lit or somewhat illuminated.
The driver should remain in the vehicle and wait for the officer to approach, which may take a few minutes while they run the license plates.
When the officer approaches the vehicle, the driver should keep their hands visible to the officer, either on the steering wheel or in their lap, and put down the driver’s side window.
Afterward, the police officer may ask the driver why they were stopped. The driver is not required to answer incriminating questions during the traffic stop; the driver should refrain from answering and politely decline to respond. The officer will request the individual’s driver’s license, proof of insurance, and registration. The driver should not attempt to drive away when the officer works in their cruiser or vehicle.
The officer will return to their vehicle with the driver’s identification and registration to verify the person’s identity and check if they have any outstanding warrants.
The officer may issue a summons to the driver. The driver should read the summons and ask for clarification if they do not fully understand the document. Afterward, the driver should sign and return the summons to the officer.
Know your Rights!
The driver may film their encounter with the police officer. As Virginia is a one-party consent state, only one person in the interaction has to consent to be recorded, thus the police officer is not required to consent.
The driver has the right to remain silent. While they should identify themselves upon request of the police officer, they do not need to disclose where they are driving to or what they are doing.
The driver is permitted to ask the officer why they are being detained. If they are not under arrest, the driver may ask if they are free to leave.
The driver can refuse consent to a search of their person or their property. If an officer pats down the driver to verify they do not have a weapon or search their belongings without the driver’s consent, remain calm and do not impede the search. This search may be illegal and will be handled later by the driver’s attorney.
If a driver receives a ticket or is pulled over on suspicion of a DUI, they should contact an attorney to help them dispute it. As an esteemed and capable criminal defense attorney, Alex L. Taylor at Alex Taylor Law PLC can build a solid defense and advocate for you to increase the chance of beating your traffic violation charge.
If the driver is arrested, they should ask for a lawyer immediately. If they are unable to afford one, the court will appoint an attorney.
If the driver is arrested, they have the right to make a phone call. The police officer may listen in on phone calls with the driver’s family members or friends, but they are prohibited from listening to calls with the driver’s lawyer.
If the police officer violated the rights of the driver, the driver should write down or document everything they can remember as soon as possible. The officer’s name, badge, and patrol car numbers, as well as contact information of any witnesses, are valuable to note.
The driver’s physical injuries should be documented, with a timestamp, and treated as soon as possible.
