Monday, January 22, 2007

Traffic Stop Do's and Don'ts

Once you see the flashing red lights in your rearview mirror, there's not much you can do about getting stopped. But how you handle being stopped can sometimes mean the difference between a warning and a ticket -- or at the very least, a better (or worse) experience in court.

The Do's:

* Immediately acknowledge the officer by slowing your vehicle and signaling your intention to pull over. Try to pull as far off the road (and away from traffic) as possible. By making the stop itself less dangerous and stressful for the officer, you have set the stage for a civil interaction.

* Once you're pulled over, turn off your engine and put your hazard flashers on -- so the officer knows you aren't thinking of running. (If you're on a motorcycle, remove your helmet as soon as you've stopped the bike.)

* If it is dark outside, turn on your vehicle's interior dome light so the officer can clearly see you; sit calmly and wait for the officer to approach the vehicle. Keep your hands visible. Even though you are just an Ordinary Joe (or Jane) and this is just a traffic stop, the officer doesn't know you or your intentions -- and it's possible you might be a violent criminal with a weapon. Your goal is to make it clear you're not.

* Answer the officer's questions in even tones and politely. But do not answer leading questions with admissions of guilt -- which will absolutely be used against you in court should you decide to contest the ticket.

* If you have any intention of contesting the ticket, do not immediately drive away once the paperwork has been signed and the officer has departed. Hopefully you keep a pen or pencil in the vehicle, along with a small notepad. Now is the time to write down every detail about the stop you can recall, while the event is still fresh in memory. Jot down things like the exact location of the stop, whether the speed limit was clearly posted, etc. Anything that may be relevant to a possible defense. The officer made notes; you should, too.

The Don'ts:

* Don't stop your vehicle in the middle of a busy road; impeding the flow of traffic won't win you any points for driving skill with the officer -- and he won't appreciate your making him have to get out and walk up to your vehicle with other cars whizzing past just feet away.

* Don't attempt to get out of your vehicle (unless the officer ask you to do so). Never approach the officer or his vehicle. This is a good way to get shot; at minimum, it will raise tensions -- just the opposite of what you want.

* Don't root around for things in the glovebox or under the seats -- even if all you are looking for is your insurance and registration paperwork.

* Do not be argumentative. Save it for court. In fact, if you intend to contest the ticket, it is in your best interests to give the impression that you are the type of person who will just mail in the fine. Be forgettable. At the least, you'll likely find the cop barely remembers you personally when your trail date arrives -- and unless you've given him a reason to personally dislike you, he probably won't object to a request that the charge be reduced (for example, from a moving violation with "points" to a non-moving violation that only carries a fine).