An Experienced Attorney Offering
Assertive, Results-Driven Representation

What to say during a traffic stop

On Behalf of | Oct 19, 2023 | Criminal Defense |

When the police pull over a driver, the police will often begin by asking the driver a few questions. When the police ask questions, they are attempting to gather evidence that the driver did commit a crime or is intending to do so. If the police do not gather enough evidence, then they may move on to other forms of investigation. 

However, many drivers provide enough evidence to the police during the questioning phase that leads to criminal charges, such as drunk driving. This often happens because drivers make self-incriminating statements. Drivers have a constitutional right that can protect them from making self-incriminating comments. 

To understand how drivers can avoid making self-incriminating comments, it can help to read the following questions the police may ask:

Do you know why I pulled you over? 

This is a common question that leads to drivers admitting to possibly committing crimes. This question is often used because drivers may reveal more evidence to the police than the police actually know. However, the correct answer is often “No, I do not know why I’m being pulled over.” More than not, a driver truthfully can not know why the police would pull them over, even if there is a strong suspicion as to why.  

Have you been drinking?

People have the right to answer the police with the following statement: “I plead the Fifth.” Pleading the Fifth is a constitutional right that allows people to refuse to make comments that could be used against them in court. Admitting that you have been drinking at all is potentially admitting to a crime, so it’s better to decline to answer.

Many people are wrongly charged with crimes because of something they said. People who understand their rights and how their rights may be violated may have a stronger legal defense when facing criminal charges.