You Just Got Pulled Over. Know Your Rights During A Traffic Ticket Stop

 Posted on December 05, 2019 in Criminal Defense

So you just got pulled over and immediately start to panic as police sirens are blaring and lights are vigorously flashing from the rearview mirror. Were you speeding? Broken tail light? Swerving? As the officer approaches your car, you realize a potential high-price traffic ticket will soon follow. Traffic tickets are overwhelmingly frustrating because many people are unsure of the law when it comes to these incidents. We want you to know exactly how they work and what you need to know if you ever have the displeasure of being in this situation in the state of Texas.

What is Reasonable Suspicion?

Reasonable suspicion is what an officer needs to lawfully institute a traffic stop. While this term may lack a definite explanation, small incidents such as failing to use your blinker or incorrectly changing lanes is enough for an officer of the law to pull you over.

Officers need probable cause.

If you’re ordered to step out of your car by an officer, you must comply. However, the officer needs probable cause to enter your vehicle. You have the right to say no to an officer asking to search your vehicle without a search warrant. If an officer proceeds to search your vehicle without a warrant, this act is an illegal search. Call BRCK Criminal Defense Attorneys at 830-769-1010 immediately to handle this case for you.

Saying less is more.

The routine questions officers ask could be as follows: “Do you know how fast you were going?” Or “Where were you headed to?” The truth is you do not have to answer any of these questions. In fact, we encourage you to say as little as possible. Any information that is stated in the traffic stop has the potential to be used against you in a further dispute of the case. The only information that is required by law is your driver's license, proof of insurance, and vehicle registration.

Hi, you’re on camera!

Technology has undoubtedly changed the game for patrol incidents all over the country with individuals being able to easily document occurrences with a touch of a button. If you feel the need to record an incident, it is within your rights to record an officer even without their consent. Simply let the officer know that you are going to record them before reaching for your device. Letting the officer know beforehand will eliminate any assumption of you reaching for a possible weapon.

To avoid any more difficulties than necessary, we encourage you to always be civil and self-assured when dealing with law-abiding officers. Remaining silent and denying search requests is your right and does not imply you are guilty of any crime. Do you feel your rights were threatened after a traffic ticket and the need for justice is in order? BRCK Criminal Defense Attorneys will always fight for your rights no matter what the case. Call us today at 830-769-1010 for a free consultation.

Sources:

https://www.defensivedriving.com/blog/knowing-your-rights-during-a-traffic-stop-in-texas/ https://texaslawhelp.org/article/interacting-with-police-during-traffic-stop