Traffic stops intimidate people. One’s anxiety level skyrockets at the sight of red and blue flashing lights in car’s rear-view window. Knowledge of one’s rights during a traffic stop make it less intimidating.
A person takes back his or her power by asserting rights during this detention. The rights are asserted by stating “I invoke my right to remain silent”. Or, “I would like an attorney”. One can also ask if he or she is free to go?
Do you have the Right to Remain Silent?
Traffic stops immediately result in an investigation. Initially, the investigation can be for a minor vehicle code violation. However, the investigation can get serious if the officer suspects the driver is violating DUI laws.
During these traffic stops, the officer asks questions to determine whether you violated any laws and to evaluate your demeanor. The answer to these questions can and will be used against you in a court of law. Additionally, how you answer the questions can be used against you. For instance, did your breath smell like alcohol or marijuana. Also, was your speech pattern slurred. In these circumstances it is best to avoid conversation with the officer. You are not required to participate in their investigation. You can and should exercise your right to remain silent.
Do you have the Right to an Attorney?
The right to an attorney is triggered when the police officer makes an arrest. The traffic stop is not considered an arrest. So, once arrested the right to an attorney can be asserted.
