The first minute
Signal, pull to the right as soon as it is safe, and stop. Put the car in park, turn off the engine, lower the window, and switch on the dome light after dark. Keep your hands on the wheel until the officer speaks to you. Say where your license and registration are before you reach for them, because a sudden move toward a glove box is what makes a stop tense. Some states require a driver who is lawfully carrying a firearm to say so at once.
What you must do
You must hand over your license, registration and proof of insurance. You must step out of the car if the officer tells you to, since the Supreme Court has held that officers may order both drivers and passengers out during a lawful stop. Do it without argument. Signing a citation is not an admission of guilt, and refusing to sign can get you arrested in some states.
What you may decline
- You may decline to answer questions about where you have been or how fast you were driving, by saying calmly that you prefer not to answer.
- You may refuse consent to a search of the car by saying, "Officer, I do not consent to searches."
- You may ask whether you are free to go once the ticket or warning has been handed over.
Refusing consent does not always prevent a search. An officer with probable cause, such as contraband in plain view, may search a vehicle without a warrant. If that happens, say once that you do not consent, and then stay still and quiet. The place to challenge a search is a courtroom, with a lawyer. Police also may not stretch a routine stop beyond the time the traffic matter takes just to wait for a drug-sniffing dog, unless they have separate grounds for suspicion. Passengers may stay silent as well, and whether a passenger must show identification depends on the state.
Alcohol testing
Every state has an implied consent law. After a lawful arrest for impaired driving, refusing the official breath or blood test brings an automatic license suspension, commonly six months to a year, apart from the criminal case. Roadside coordination tests are voluntary in most states. An arrest for impaired driving calls for a lawyer without exception.
Note Roadside is the wrong place to argue a stop you believe was improper. Write down the officer's name, the badge and car numbers and the time, and file a complaint with the department afterward.
