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Know Your Rights When Pulled Over By Police

Published by in Criminal Law ·
Tags: KnowRightsTrafficPoliceStop

The debate on whether the police can stop you on the road even if you have not violated a traffic law, has been raging for some time now. However, the fact is that in reality, the police have a huge amount of discretionary powers to do what they feel is right to enforce the law.

The wise thing to do if the police do ask you to pull over would be to stay calm and be polite, and not get riled or try to annoy them. You can always go to court if your rights have been violated in any way.

You do have the right to the following:

+ To pull over only when it is safe to do so: If there is heavy traffic or you can’t find a safe place to pull over, you can keep going, albeit slowly, and look for a safe place, and then pull over.

+ To remain silent: If the office asks you if you have been drinking, you can just stay silent and not say anything that may incriminate you - although you shouldn't be drinking and driving. This right applies even if you are being arrested. On refusing to talk, the police may arrest you; you can consult an experienced DUI attorney to fight the case in court and protect your rights.

+ To refuse to let them search your vehicle: Before your arrest unless they have a warrant, they cannot really search your car; if they didn’t need your permission, they wouldn’t be asking you. So if asked, you have every right to refuse.

+ You have the right to refuse a breathalyzer test. Your license maybe suspended, but you can refuse the test. You can consult an experienced DUI lawyer for advice and fight the case later.

+ To record the proceedings: From the time you are stopped till you get permission to leave, you can record the entire sequence of events.

+ To ask to speak to a lawyer: If you feel pressured or feel that you are being harassed, you can invoke your right to speak to your lawyer, regardless of whether the officer intends to arrest you or not.

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