When you’re driving and see the blue lights flashing in your rearview mirror, you may suddenly become nervous. How you handle the traffic stop will affect your wallet and possibly your freedom. It therefore helps to know which questions you should expect and how to answer.
Did you receive a traffic ticket? If so, it’s time to hire experienced legal counsel who can seek the best possible outcome for you. Reach out today to The New York Traffic Ticket Lawyers.
“Do You Know Why I Pulled You Over?”
This is one of the most common questions, and it is designed to induce you to admit to speeding or some other traffic infraction. Many police officers attempt to casually engage drivers in conversation and get them to let their guard down so they can confess.
Your best response to this is to politely state, “I choose to remain silent.” Even if you think you did something wrong, you could be mistaken and totally innocent. Regardless, there’s no need to give the police more evidence to use against you.
“Can I See Your License, Registration, and Proof of Insurance?”
New York law requires you to present your driver’s license, vehicle registration, and proof of valid insurance. You should produce these documents once asked, but don’t be lured into engaging in casual conversation or answering questions while you look for them.
If you are unable to locate any of these, simply tell the officer “I cannot find it.” Do not start explaining why you can’t locate the item requested or what may have happened to it. If the officer asks additional questions about it, simply decline politely to answer.
“Have You Been Drinking Tonight?”
A question like this may seem straightforward, but it can be tricky. Most drivers hear a question like this and assume it means going to the bar. But technically it can include any alcohol consumption, so you may inadvertently not answer this question truthfully.
Unless you are certain you have had no alcohol, say as little as possible. Again, you should exercise your right to remain silent.
“Where Are You Coming From/Going?”
Police try to catch drunk drivers in a lie by asking where they are coming from or going. The hope is that the driver will say a bar, restaurant, or spending time with friends – all of which imply drinking. Some drivers stumble over the answer and thereby raise the officer’s suspicion.
This is another example of police trying to engage in casual conversation, get the driver to start talking, and then catch the driver in a contradiction (real or perceived). Giving the officer a polite “I choose not to answer” is the best response.
“Do You Wish To Take a Field Sobriety Test?”
Asking you to perform a field sobriety test is another way that an officer can obtain evidence to use against you. Unlike a breathalyzer test, New York drivers do not have to take field sobriety tests. These tests are often administered poorly and the results are highly subjective.
Politely decline to take the test, but understand that this will likely not convince the officer that you’ve done nothing wrong. Prepare for the officer to ask you to take a breathalyzer.
“Will You Take a Breathalyzer Test?”
In New York, every driver consents to being breath-tested for alcohol. So refusal to take a breathalyzer test will result in the DMV suspending your driver’s license. You should comply with this request but do not start answering questions the officer may ask.
Understand, also, that there are ways to challenge the results of these tests. Don’t panic or argue with the officer, just follow their directions in taking the breath test. Continue to limit what you say, however.
“May I Search Your Vehicle?”
You have the right to refuse to consent to a vehicle search, and it’s a good idea to do so. You should therefore state, “I do not consent to any searches.” The officer still may have probable cause, or insist that they do, and search over your objections.
However, your New York traffic ticket lawyer can potentially suppress any evidence the officer seizes during an illegal search. Even if the officer has already started searching your person or your vehicle, you will want to be on record as saying you do not consent to them.
Final Tips for Handling Your Traffic Stop
These are a few additional things to keep in mind if you are driving and suddenly notice a law enforcement officer signaling you for a traffic stop:
- Slowly and carefully pull the vehicle over, out of the flow of traffic
- Keep your hands on the steering wheel and visible at all times
- Do not begin looking for anything in your care until the officer asks you to
- Avoid furtive movements at all times
- Do not argue with the officer or become belligerent, no matter how wrong the officer may be
- Produce your license, registration, and insurance, but otherwise remain silent
- Speak with an experienced traffic ticket lawyer once the traffic stop ends (or if you are arrested)
The last step is where our law firm comes in. To best dispense with your ticket, reach out to The New York Traffic Ticket Lawyers. You can contact us to schedule your initial consultation now.
