When getting pulled over, it’s easy to start tensing and getting riled up. An emotional response is natural. But relying on it can get you in a dangerous situation. Instead, it’s best to take the time to compose yourself and calm down. Rehearsing your rights beforehand can make them easier to invoke in the middle of the situation. Here’s how we suggest you use them to keep the situation from getting as bad as it could get.
Silence
You might have heard it on TV or in your favorite police drama movies. ‘You have the right to remain silent.’ They’re the beginning of the Miranda rights, but it’s important to understand a few things about them. First of all, you can be arrested without being read your Miranda rights. Some will assert they only have to be read to you before an interrogation. You can invoke your right to silence but do it responsibly. Know that you have to give them your name, license, and registration. But if they ask you about anything incriminating, that’s when you calmly and politely inform them that you’re invoking your right. ‘I know you’re doing your job, officer, but I would like to remain silent’, is all you need to say.
Consent
The police may want to search your car. Whether you’re innocent or not, you don’t want them invading your privacy. If they ask you if they can search your car, calmly inform them you don’t consent to having your car searched. Inform them even if it means temporarily breaking your silence. To search a car, a police officer needs more than a hunch. They need to see, hear or smell evidence of illegal material inside the car. If they don’t have those reasonable grounds to suspect illegal activity, they can’t search with your consent. If they do, then that can be used to throw the case out.
Counsel
Breaking the need for reasonable grounds of suspicion is just one of the ways an officer can sabotage any case against you. There are a lot of technicalities and errors they can make on their side. That’s why, even if a case seems hopeless, you should never neglect to ask for your legal counsel. If you’re arrested, immediately inform them you’re asking for your lawyer. Then don’t say another word about the arrest or anything surrounding the arrest until your legal counsel arrives. Even in circumstances that seem as clear cut as a failed breathalyzer test, you could benefit a lot from a friendly face in law for all things DUI. Equipment failure, protocol error, and technicalities of all kinds could be used to help you.
Remember to treat your office with respect and courtesy. Greet them politely. Don’t get riled up, don’t talk back to them and don’t raise your voice or move quickly whatever you do. The police face very real threats on the road. If they think that you’re presenting yourself like one, it can end very badly for all involved.
