WHAT TO DO WHEN YOU’RE PULLED OVER BY A COP

So you’re driving along, minding your own business and then it happens… you see the flashing red & blue lights in your rearview mirror. You’re getting pulled over. This is a stressful experience for most people but it doesn’t have to be so bad if you follow a few simple tips.

My most important recommendation is to be nice. Being a jerk never got anyone out of a ticket. In fact being a jerk could be the difference between getting a ticket and getting a warning. It could even be the difference between a civil infraction citation and a criminal charge!

Here’s what to do if you get pulled over:

1. Pull over in a safe place- Don’t pull over in any place that will put you or the officer in danger; such as the narrow left shoulder of a highway.

2. Pull over as soon as possible--don’t coast along for another couple of blocks. You put the officer on guard and he may think you’re stalling trying to hide something from him.

3. Keep your hands on the wheel-- where they can be seen.

4. Stay in the car- -don’t get out unless the officer asks you to.

5. Don’t be disrespectful. I’m not saying that you have to kiss up to a cop, just don’t be rude and nasty.

6. Don’t curse and be aggressive- it could get you charged with Disorderly Conduct which is a crime.

7. Sign the citation--YES, you need to sign the citation. Signing the citation is not an acknowledgement of guilt rather it is an acknowledgement of receiving the citation from the officer. And for your information, it is a criminal misdemeanor of the 2nd degree to willfully refuse to sign the citation. So make it easier on everyone and just sign for the citation instead of giving the officer a hard time about it.

8. And if it turns into a criminal investigation, exercise your right to remain silent

I understand that some of you “just don’t like cops.” That’s fine but being rude to them isn’t going to help you! Almost always, the Judge at a traffic infraction hearing asks the officer how your demeanor was during the traffic stop. If the officer says that you were rude and nasty, the Judge will probably adjudicate you and assess points instead of withhold adjudication and points. Or in exchange for withholding the points you could be sentenced to complete an 8 hour or 12 hour course rather than the basic 4 hour course.

Recently, I had a client who was very rude to the officer that pulled him over. When I went to his traffic hearing, the Judge asked the officer how the client’s demeanor was during the stop. The officer clearly recalled the rudeness and explained it to the Judge. The client is employed as a driver and could not afford to have points assessed to his license because he would lose his job. So he needed to do whatever was necessary to get the points withheld from his driving record. The Judge was reluctant to withhold adjudication because of the client’s actions during the stop. Ultimately he was ordered to do a 12 hour course in exchange for a withhold of adjudication. His bad attitude just cost him an additional 8 hours of coursework, an additional fine, and the extra cost of taking the 12 hour course versus the cheaper and shorter 4 hour course. What could have been a $150 speeding ticket ended up costing him over $700!

If you receive a traffic ticket, be polite to the officer then afterwards, call us at 877-538-6294 to take it up in court.

From everyone at the Law Offices of Moss & Wilson, have a safe and happy New Year! See you in 2011!