Most people’s contact with police occurs in their cars. Drivers routinely get stopped and cited for traffic and moving violations. Sometimes people are stopped because their vehicle matches a description of a vehicle of interest in a police investigation, or at a sobriety checkpoint during the holidays, or at the site of a car accident. No matter the occasion for the stop, there are certain behaviors that are acceptable and others that you should avoid. What follows are tips on how to handle a police stop in your car in California.
If you are stopped in your car, DO:
- DO show your license, registration, and proof of insurance when asked by the police officer if you were driving the vehicle.
- DO keep your hands on the wheel and let the police officer know what you are doing. For example, “I’m going to reach for my wallet to get my drivers’ license out.”
- DO say, “I do not consent to a search.”
- DO sign your ticket if you are given one and asked to sign it. Otherwise, you may be arrested.
- DO take a breathalyzer and participate in any DUI tests unless you are willing to risk the suspension of your license.
- DO ask if you can park your car in a safe place or have a licensed driver take it away, if you are arrested, to avoid towing and impoundment fees.
If you are stopped in your car, DO NOT:
- DO NOT physically resist a search. Say, “I do not consent to a search.”
- DO NOT refuse to sign a ticket. Remember, you can be arrested for not doing so.
- DO NOT search for your license or registration until asked. It may look as if you are trying to hide something.
- DO NOT disrespect the officer. Although you have a constitutional right to do so, it could lead to your arrest.
- DO NOT attempt to bribe the police.
- DO NOT play music loudly when the police walk up to your car.
- DO NOT have any objects hanging from your rearview mirror or dark tinted windows. It may give police a reason to pull you over.
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If you have been arrested and charged with a crime in San Diego, you can face either a misdemeanor or felony charge along with heavy fines and years of imprisonment. Contact a qualified San Diego Criminal Defense Attorney who can help mitigate penalties today and explain your legal rights and responsibilities. Available 24/7, the Boertje Law Firm represents clients at any stage of the criminal case and for any crime charged — violation, misdemeanor, or felony. Continue reading