Again, (pardon my obsession for being made clear) this is not legal advice. The best legal advice comes from an attorney. However, just because you have not budgeted for an attorney and you are too rich (ha ha) to be appointed an attorney, or that the offense itself does not lend even indigent citizens to a public offender, there is no reason you shouldn’t be more informed, so here goes.
At the time you are being pulled over is the time to get yourself squared away mentally. You may or you may not know the reason for the stop, but for right now you must assume, unless you discover otherwise, he has a valid complaint. It may be something as small at a brake light, tail light, or even you license plate light. After getting the initial reason for the stop, may just be using this opportunity to check your credentials, check you for warrants and get you on your way with a warning. So, it is vitally important at this time to adjust your attitude. Your first few seconds encounter with the officer may determine the response from the judge in court.
For instance, I was sitting at the foot of the Godwin Bridge on, of all highway names, Bridge Rd. It was about 2 am on a Sunday morning and I was observing traffic (what little there was). About that time, a motorcycle operator passed me going up the bridge. I pulled in behind him and as soon as he left the bridge I activated my “Howdy” lights and siren, pulling him over. He pulled into a parking lot and I exited my vehicle. He pulled off his helmet and started cussing at me right there and then. He began yelling “This is the third time I got pulled over for speeding this month and I know this time I was not speeding!! What? You guys gotta make your quota?!!…” Of course, I am being polite while he dropped enough “F” bombs it’s a wonder I was still intact at the end of his rant. I waited for a couple of minutes and at the end he asked, “How fast did you clock me going?” I replied, “I don’t know. I don’t have my radar because it is being calibrated.” “Then why the F%#& did you pull me over?” I replied, “When you passed where I was positioned in the median, you did a Houdini trick–you disappeared. It’s because your tail light is out. I pulled you so that if you are stopped at a traffic light or a vehicle is coming up behind you, you don’t get crashed into. I was not attempting to annoy you, but possibly preventing your death on the highway.” What a drastic attitude switch with this gentleman. He began to profusely apologize. I asked him if he was heading home. He told me he was. I then informed him that he needed to activate his hazards so that people can see him. With his brake light working and the short distance to his home, I felt this was a good compromise. I told him that I would run his information and if everything was good I would cut him loose. Unfortunately for him, his motorcycle endorsement had expired. So I told him the bad news and explained he needed to call for someone to come and get him. I would have to write a summons for that and he would have to come to court. I strongly advised he get his endorsement renewed before he came to court.
Fast forward to court, he did indeed have his endorsement renewed. In a case like that, usually the judge would suspend the fine and he would only have to pay court costs. Then the judge asked me if he was polite and cooperative. OOPS!! I was forced to tell the truth about his initial engagement with me, but that he apologized numerous times to me when he found out the reason for the stop. His multiple apologizes did not impress the judge at all. The judge laid into the offender verbally and imposed the highest fine he could levy, telling him that he wished the law would allow him to give a much higher fine. The gentleman went away lighter monetarily that when he came in. So, what I’m trying to tell you is remain calm and keep your anger in check. Remember, most police officers have dash and/or body cams and your response will be recorded for the judge to see. You could be 100% in the right, but if the judge finds out how you responded to the officer, he or she may not want to hear your reasons. He or she will just find you guilty. You could probably appeal, but do you really want that cost and aggravation?
The officer should greet you, ask for your license, registration, and proof of insurance. Only give him what he asks for. If he does not ask for proof of insurance (even if you have insurance), don’t provide it. It is the officer’s responsibility to request it.
After you provide the documents, he may ask if you know why he stopped you? You should then, very respectfully reply, ” Officer, I would rather you tell me why.” I used to ask this question when I first began, but noticed how unfair this question is. Some people would think not answering a question of the officer is a lack of cooperation. I had pulled over this one person who said, “Because I’m suspended.” How in the heck (Christian cuss word) was I supposed to know that? I mean, I would have found out eventually, but that was not the reason for the stop. Another guy started telling me reasons that I would not even have checked. One person told me it was because of his headlight. It was 1pm and the lights were off. No, on those things that I would not have been privy to based on my own investigation, I did not write him for them but told him to get it taken care of. So, if an officer asks you that, I’m not saying play dumb, but respectfully request the officer give you that information. In my opinion, that line of questioning should be at least heavily discouraged by police supervisors.
When the officer tells you why he stopped you, you do not have to admit anything. Having said that, please don’t lie. If you are caught in a lie, you could be charged with Obstruction of Justice. If he asks you if you know why, you can say, “Respectfully, officer, if you have the evidence that I was speeding, you can make your decision to write the ticket or give me a warning.” Just remember, an admission on scene can hamper your defense in court.
This is also NOT the time to argue your case on the side of the highway. If you are cited, you can reserve your argument in court, which I will cover later in another blog.
If you want, while you are waiting for the officer to approach your window, and you think about it, you can set the record button on your phone and set it on the passenger seat or dash. Most times, the video in the case of traffic stops is not as important as the audio. I would not be telling the officer when he approached, “Okay, officer, I just want you to know I’m recording you.” as you shove the phone toward the officer. Please don’t shove anything in the face of an officer. You may have less than a good day.
When you have the recording going when he approaches, you do NOT have to tell him he is being recorded. If any officer tells you that you need his permission to record him, he is either lying or does not have a clue of what he speaks of. Even police officers do not have an expectation of privacy when they approach your driver side window. By the way, neither do you. When I approached driver side windows, even though you could see the camera on my lapel or on the side of my head, I never premised the stop with “This traffic stop is being recorded for quality assurance and court evidence.” It was a sight to see when an offender that acted like he didn’t have sense at the traffic stop watched the recording being played to the judge. It’s also amazing how judges increase fines and jail sentences based on that too–you have been warned. When the traffic stop ends, go home and make sure the recording is saved. Don’t assume that the officer will bring his dash or body cam footage to court, being that in most cases it is not required. Listen to the recording several times until you know what was said to you and what you said to the officer. The officer will write notes on his copy of the summons when he gets back in his cruiser so that he can recall them in court. Also, you may in some cases subpoena the officer for his dash/body cam footage, or at least have him bring it to court. Contact the traffic court in the area of offense to acquire it.
If an officer tells you to shut off the recording on the phone, then do it. But save the recording to make a complaint to his sergeant after the traffic stop. If someone told me that I was being recorded, I would say they could on one condition. I would then turn my head and ask if they would get my good side. I will also tell the motorist that we have something in common–I’m recording you as well. I had no problem being recorded providing that said recording was not edited or altered in any way.
At this time, he will either write you a ticket or not. Don’t argue about it. By telling the officer that you were going slower than some vehicles on the highway that passed you will not hold up in court. He will also explain to you that if you wish to avoid court, you could call the phone number on the ticket and get instructions on how to prepay. If you are reading this, you probably won’t do this, or why would you even read further?
By prepaying, you are giving up your rights as it pertains to court. You get no brownie points for doing so. As a matter of fact, those that prepay get the maximum fines. The clerk has no discretion. You will be found guilty at the speed you were charged with and you will be assessed the maximum points on your record allowable by law (at least that is the way in Virginia). Your politeness and cooperation to the officer will mean zilch.
You could possibly, if found guilty, get a reduced fine by a compassionate judge that would reduce the points on your record. I’ve seen where the judge, based on one’s driving record, will allow the motorist to go to driver improvement class and have the first time offence dismissed upon payment of court cost. This is of course not guaranteed. But when you go to court, almost nothing is guaranteed.
Another thing, please do not angrily affirm rights to the traffic cop based on what you have seen on T.V., Youtube, or what your Uncle Henry told you (you can insert a family or friend here). On the side of the road is not a place to be voice your determination of things you are not sure of. If the officer has stepped over the line (of course, I mean in a way that is not going to physically harm you), then the time to bring it up is in court, Internal Affairs of the police officer, or both.
An example of someone staunchly affirming his “rights” is when a “Sovereign Citizen” told me on a traffic stop that he did not have to provide a license to me because he was not driving, but traveling. He was a freeman traveling upon the land and had no contract with the government and therefore did not have to abide by their rules. I’ve got to hand it to him, he stuck to his guns. There came a time that he did travel again, not as a freeman, but as one shackled in the back seat of my car. We traveled to the jail while his vehicle traveled to an impound lot. All the time he stated that he did not have any obligation to abide by the rules of the US Government. I replied, ” Be that as it may, you still will bear the consequences of not complying,” And he did.
Don’t be shortsighted. Your performance on the traffic stop may be the difference to you smiling or being angry as you leave the courthouse.
Please go back to Blogs to continue what you can do after the traffic stop and before the court date.
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