Top 3 Things Not to Do When You Are Pulled Over
Each year millions of people are pulled over for traffic violations in the United States. Getting pulled over for a traffic violation can quickly lead to an arrest. It is important to know what to do – and NOT do if you are pulled over. Continue reading to learn the top three things not to do when you are pulled over. If you face a speeding ticket or criminal conviction after a traffic stop in Southern California, contact our speeding ticket and criminal defense attorneys at Wallin & Klarich to see how we can help you.
1. Do not panic.
While being involved in a traffic stop can invoke many emotions, it is imperative to stay as calm as possible and know that you have rights. Understanding your rights during a traffic stop can be the difference between a ticket or arrest and freedom.
You have the right to remain silent. The Fifth Amendment gives you the right to remain silent and not say anything that could incriminate you. If you find yourself in a traffic stop and want to invoke this right, you should calmly state that you are exercising your right to remain silent.
You have the right to record your interaction with the officer. In California, you have the right to record your interaction with the officer so long as you notify the officer you are recording and do not interfere with the officer’s activities. A reason you may choose to record an officer during a traffic stop is if you believe you are being wrongfully accused or if you believe the officer is violating one of your rights.
You have the right to an attorney. The Fourteenth Amendment gives you the right to due process which includes the right to an attorney. Having an attorney is important if you are in any legal trouble as an experienced attorney will be able to help you find the best defenses for your case. Contact our experienced defense attorneys at Wallin & Klarich today if you find yourself in need of an attorney.
By understanding your rights, you are in the best position to avoid the potential unwanted consequences of a traffic stop.
2. Do not consent to a search.
In addition to the aforementioned rights, the Fourth Amendment gives you the right to refuse a search of your vehicle if the officers do not have a warrant. While police have the right to ask to search your vehicle, you have the right to refuse by stating that you do not consent to a search. If you consent to a search, you are allowing the officer to search your vehicle which may lead to an arrest. When refusing to consent to a search, it is important to clearly state that you do not consent in a calm manner.
Refusing to consent to a search during a traffic stop could be the difference between freedom and an arrest.
3. Do not discuss your immigration status with the officer.
Answering questions such as where you were born, how long you’ve been in the US, and how you entered the US can potentially lead to deportation. However, your right to remain silent during a traffic stop also protects you from having to answer questions regarding your immigration status. No matter your immigration or citizenship status, you have rights under the Constitution. If asked questions about your immigration status, you may state that you are invoking your right to remain silent and calmly decline to answer.
Contact Wallin & Klarich Today
If you have been issued a speeding ticket or arrested following a traffic stop, you need an aggressive defense attorney to fight for your freedom. With 40+ years of experience, our attorneys at Wallin & Klarich have helped thousands of clients win their cases or get their charges reduced to a lesser degree. We know the most effective defenses to argue on your behalf, and we will do everything in our power to help you achieve the best possible result in your case.
With offices in Orange County, Riverside, San Bernardino, Victorville, Torrance, West Covina, Los Angeles, and San Diego, you are sure to find an available Wallin and Klarich office near you. Discover how our team can assist you. Contact us today, toll-free at (877) 4-NO-JAIL or (877) 466-5245 for a free consultation with a skilled defense attorney.
