We've all seen the headlines of fatalities during routine traffic stops. A vehicle stop turning into a tragedy because of an altercation or misunderstanding between the police officer and the driver. Fortunately, there are simple, common-sense tips that can help you avoid being one of these sanguinary statistics.
Unless they are impeccable drivers, most motorists have had some encounter or experience with law enforcement. Usually it is the mundane, uneventful traffic stop. You ran a red light, did not stop all the way at a stop sign or made some other illegal traffic maneuver that caught a police officer’s vigilant eye.
It is understandable to feel frustration and annoyance at being stopped. It is usually in the midst of a commute and you are simply trying to get to your destination. However, it’s also important to recognize that without some semblance of order and law enforcement, the roadways would descend into chaos. The law is there to curb some of our more selfish impulses so that we can all have a safer and less contentious driving experience.
Motorists who are unable or unwilling to rein in their frustration do so at their own peril. They may run the risk of provoking the officer to be inordinately meticulous in finding and citing the motorist for all possible offenses (even where the officer would otherwise have only cited the driver for a minimal offense). Obnoxious, boisterous or verbally abusive motorists may even incite the officer to arrest them or, worse, use excessive force.
Here are some helpful tips to make any future encounter you have with a police officer as safe and hassle-free as possible. Pay close attention. Given the high incidence of police shootings of motorists during routine traffic stops, your life may depend on it.
Don’t Make the Cop Feel Nervous
Police officers are aware of the potential hazards of stopping a vehicle. The response of the motorist may be difficult for the officer to predict until the exchange between both the driver and the cop has begun, or, in more volatile situations, until after a dialogue has escalated into an altercation. Just as there have been a score of abusive police officers who cannot control their emotions, there have been rogue motorists who have harmed, injured or even killed the police officer(s) pulling them over. Therefore, given their awareness of the potential risk that may arise from a vehicle stop, police officers may already be nervous and on high alert. Their adrenal glands is already poised to unleash the“fight or flight” response.
Accordingly, it behooves you, the motorist, to be polite and disarming to the police officer. A simple smile and a courteous, respectful tone will take you a long way. Displaying a negative attitude or an “entitlement mentality” will probably anger or exasperate the police officer. Even if he or she does not respond with excessive force or “police brutality,” the officer will probably make it his or her business to show up at your traffic trial to ensure that you are convicted of the traffic offense for which you have been stopped. But if you allow the officer to do his job, he may be more lenient. In some cases, he may send you off with a warning.
It is in your best interest to comply with the officer’s requests rather than to try to argue and contest your ticket with the officer. A police officer is part of the local government’s executive branch, not the judiciary. He is not the judge. He is not there to adjudicate the law, simply to execute it. If there are grounds to challenge the ticket, you will have the opportunity to do so later, in court. And because traffic court is a “quasi-criminal” proceeding, you are entitled to bring your own attorney, who can engage the police officer at trial, cross-examine him, present and refute evidence and beat your ticket. Think of the big picture and do not get defensive about being pulled over.
Keep Both Hands on the Wheel
Given how apprehensive many police officers are when approaching a motorist’s vehicle, especially at night, it behooves you, the driver, to maintain your hands where they are visible at all times. Fidgeting your hands or concealing them make give the police officer reason to believe that you are concealing something, including a firearm or other weapon. In this situation, it would not be unreasonable to foresee that the police officer may respond with excessive force, overreact and draw his gun on the driver. Therefore, keep both hands on the steering wheel unless you need them to reach for your documents, i.e., license, registration and proof of insurance, when asked to do so by the officer. Which brings me to....
Avoiding Brusque Movements
Many or most drivers keep their driver’s documents in their glove box. When the police officer asks you for your license, registration and/or proof of insurance, it would be wise and prudent of you to ask the cop, in turn, “My documents are in my glove compartment. May I reach for them?” This is particularly important at night, when visibility is compromised by poor lighting conditions. When reaching for your documents, do so gently and at a reasonable pace. Do not make any jerked or brusque hand movements or other gestures that would make the cop believe you are about to reach for a gun or other weapon. The key is for the police officer to see where your hands are and that you are not behaving in a menacing fashion.
Never Argue With the Cop: It’s Pointless and Can Even Be Dangerous
Many motorists believe they can talk their way out of a ticket. But any intelligent person knows better than to think he can craft his words so skillfully and convincingly that he can persuade the officer out of writing up a citation. That is largely an illusion. You will have plenty of opportunity to dazzle the court with your brilliance (although this, too, can be delusional thinking). But this will come later. Your sole objective during a traffic stop should be to avoid an altercation with the cop, avoid doing anything stupid or arrest-worthy and allow the process to take it’s course. There are attorneys available who concentrate on traffic ticket defense or offer this service as part of their criminal defense practice. You may decide to hire an attorney to litigate your matter and legal defenses may be available in your case that can defeat the ticket. Whether you decide to hire a lawyer or to represent yourself, be mindful that court is the arena to marshal your legal defense, not the side of the road.
If you decide to ignore this tip and try to dissuade the officer from writing up a ticket, the minimum you should do is avoid using a provocative, acerbic or combative tone. The cop is usually a total stranger to you and you have no clue whether he has been previously disciplined for using excessive force, has a history of police brutality or otherwise a penchant for violence. Taking a less-than-polite tone may incite an emotionally-unstable cop, sending you straight to the hospital. Why take your chances? It is in your best interest to remain cool, calm and collected in addressing and talking to the cop.
Sticking Out Like a Sore Thumb May Not Be the Best Idea
Beyond the traffic encounter itself, there are consumer choices you can make to reduce undue and unwanted visibility on the roadway. If you have a tendency to speed or be less-than-fully-compliant with the traffic laws, you may want to reconsider the flashy red sports car or the souped-up wannabe race car. You are not competing in a NASCAR race. You are a driver commuting from one point to another. Although you should comply with traffic laws regardless of your choice of chariot, you may also want to exercise caution with your level of conspicuousness.
Don’t Play the Odds. Better to Spend a Few Hundred Dollars on a Taxi or Car Service Than Several Thousand on a DUI
In addition to being extremely perilous to your life and the lives of other drivers on the road, it is also not in your best legal interest to drive after having drunk alcohol, even a slight amount. Most DUI defendants were not intoxicated beyond recognition at the time of their traffic stop. They are “tipsy,” “buzzed” or otherwise have their sobriety sufficiently compromised that they made some traffic maneuvers that may be indicative of driving while impaired. A good DUI defense lawyer will probably not charge you any less than a several thousand dollars to defend your case. And that’s how much it will cost you to hire a good attorney, not to mention the court costs and fees you will end up incurring. If you are going to party and drink, better to exercise caution and spend some money on a taxicab and avoid the long-term expense of a DUI case and conviction.
It is you, as the motorist, who has everything to lose from reacting inappropriately to a police stop. You want to get through your day with as few concerns or obstacles as possible. If you sustain a police encounter, you will have ample opportunity effectively vindicate yourself in court, beat your citation (and maybe even pursue legal action against the cop if he or she broke the law by violating your civil rights). Following these tips should help make your driving experience free of volatile situations with police officers.
Nothing in this article or anywhere on this blog constitutes legal advice of any kind. This is an expression of non-legal opinion only and should never be construed to constitute legal counsel.
The #CoimbraLaw Firm represents persons accused of misdemeanor or felony cases, including, DUI. Attorney Lorgio Coimbra has successfully represented thousands of California criminal defendants throughout all Southern California Courts. If you or a friend or family member is facing criminal, traffic or DUI charges, or has been the victim of excessive force by law enforcement, please contact us at 1-855-385-5245 for a free evaluation of your case.
No comments:
Post a Comment