What Do I Do When I Am Stopped By Police While Driving? From the moment the officer stops you, he or she can record everything you say and use it against you. One of the first things an officer may say to you is, "Do you know why I pulled you over?" This is a common technique that police may use to get you to confess to a possible road violation. As soon as the officer approaches the vehicle, say, "Good afternoon, officer. Can you tell me why I am being pulled over?" When the officer asks for your license and registration, pull them out slowly and hand them to the officer. Try not to say anything while the officer is reviewing the documents. Don't tell the officer you are late for a meeting or you have to pick up your kids from school because that could be considered a reason for speeding or reckless driving. Wait until the officer asks you questions before you speak.The officer may ask you a series of questions about how fast you were going, where you were going and what you were doing. Answer any questions you can honestly. You don't want to provide the officer with any false information at any time. If you don't know the answer, simply respond, "I don't know." REMEMBER: You may always refuse to answer any question and request your attorney. If the officer writes you a ticket, accept it quietly. Listen to any further instructions, including information on how long you have to pay the fine or what you must do if you want to contest it. If the officer just gives you the ticket without explaining what your rights are you may be able to successfully challenge the ticket in court. Before you leave the scene, write down the following information: Exact Location of yourself (when you think the Police Officer tagged you with the radar/paced your speed and where you pulled over) Traffic and Weather Conditions, including adjacent vehicles Any possible interference with Radar Signal (i.e. Airport, Bank, etc.) Other Relevant Information
Can I Just Plead Responsible And Pay The Ticket? Yes, you can like 85% of Americans, but it is not in your best interest. Almost every time you plead responsible to a civil infraction, it is posted to your driving record; you receive points and a heavy fine. For insurance purposes these points count against you for a 3-year period. One ticket on your record could result in $1,000's in insurance surcharges that you have to pay. It is estimated that over 100,000 tickets are handed out each day. Do the math yourself and you can easily see who the real winner is if you merely plead responsible and pay the fine.
Does A Cop Have The Right To Search My Car? Probably not! If the police ask to look around inside your car, tell them: "NO, I have a Constitutional Right to be free from all unreasonable and warantless search and seizures. A cop can't search your car without probable cause, a warrant, or your permission. In order to have probable cause the cop has to be convinced that you are hiding something illegal or there is a crime afoot. REMEMBER: Anything in the open that they see may give rise to probable cause.
Who decides how the criminal justice system works? Though legislators have relatively unfettered power to decide whether a certain behavior should be a crime, many rules limit the ways in which the state or federal government can prosecute someone for a crime. These restrictions start with the U.S. Constitution's Bill of Rights, which provides basic protections-such as the right to refuse to testify against oneself, the right to confront one's accusers and the right to a trial by jury-for people charged with crimes. State constitutions may increase (but not take away from) the federal protections. Federal and state legislatures can pass laws governing how criminal procedures work in their jurisdictions, but these laws cannot reduce the protections offered by the federal and state constitutions. The interplay between constitutional provisions and legislative enactments is regulated by our courts. Courts decide whether or not a particular legislative rule, court practice or police action is permissible under federal and state constitutional law. What may seem like a slight variation from one case to another can be, in the eyes of a court, the determining factor that leads to a vastly different result. For example, a police officer is frisking a suspect on the street and feels a hard object in the suspect's pocket. Suspecting that the object is a possible weapon, the officer reaches into the pocket and finds both a cardboard cigarette box and a packet of heroin. This action by the police officer -- reaching into the pocket -- would be deemed a permissible search under the rulings of most courts (to protect the officer's safety), and the heroin could be admitted into court as evidence. However, if the object felt by the officer was soft and obviously not a weapon, then reaching into the suspect's pocket might be deemed an illegal search, in which case the heroin couldn't be used as evidence.
What's the difference between a felony and a misdemeanor? Most states break their crimes into two major groups-felonies and misdemeanors. Whether a crime falls into one category or the other depends on the potential punishment. If a law provides for imprisonment for longer than a year, it is usually considered a felony. If the potential punishment is for a year or less, then the crime is considered a misdemeanor. In some states, certain crimes, called "wobblers," may be considered either a misdemeanor or a felony, because under some conditions the punishment may be imprisonment for less than a year, and in other situations, the criminal may go to prison for a year or more. Behaviors punishable only by fine are usually not considered crimes at all, but infractions-for example, traffic tickets. But a legislature may on occasion punish behavior only by fine and still provide that it is a misdemeanor -- such as possession of less than an ounce of marijuana for personal use in California.
Searches & Seizures: The Limitations of the Police      Although people in the United States are entitled to privacy and freedom from government intrusion, there is a limit to that privacy. State or federal police officers are allowed, where justified, to search your premises, car, or other property in order to look for and seize illegal items, stolen goods or evidence of a crime. What rules must the police follow when engaging in searches and seizures? What can they do in upholding the laws, and what can't they do? What the Police MAY Do: Under the Fourth Amendment to the U.S. Constitution, police may engage in "reasonable" searches and seizures. To prove that a search is "reasonable," the police must generally show that it is more likely than not that a crime has occurred, and that if a search is conducted it is probable that they will find either stolen goods or evidence of the crime. This is called probable cause. In some situations, the police must first make this showing to a judge who issues a search warrant. In many special circumstances, however, the police may be able to conduct a search without a warrant. In fact, the majority of searches are "warrantless." Police may search and seize items or evidence when there is no "legitimate expectation of privacy." In other words, if you did not have a privacy interest in the items or evidence, the police can take them and, in effect, no "search" has occurred. Note: In deciding whether there was a "legitimate expectation of privacy," a court will consider two things: Did you have an expectation of some degree of privacy? Was that expectation reasonable in our society's view? Example: You have a semi-automatic rifle that you stole from a pawnshop. You leave the rifle laying on the hood of your car when you get home. You do not have a "legitimate expectation of privacy" with regard to things you leave on the hood of your car, and the police may take the rifle. No search has occurred. Police may use first-hand information, or tips from an informant to justify the need to search your property. If an informant's information is used, the police must prove that the information is reliable under the circumstances. Once a warrant is obtained, the police may enter onto the specified area of the property and search for the items listed on the warrant. Police may extend the search beyond the specified area of the property or include other items in the search beyond those specified or listed in the warrant if it is necessary to: Ensure their safety or the safety of others; Prevent the destruction of evidence; Discover more about possible evidence or stolen items that are in plain view; or Hunt for evidence or stolen items that, based upon their initial search of the specified area, they believe may be in a different location on the property. Example: The police have a warrant to search your basement for evidence of a drug manufacturing operation. On their way through your house to go down to the basement, they see a cache of guns sitting on the kitchen table. They may take the guns in order to ensure their safety while searching your basement. Police may search your property without a warrant if you consent to the search. Consent must be freely and voluntarily given, and you cannot be coerced or tricked into giving it. Police may search your person and the immediate surroundings without a warrant when they are placing you under arrest. If a person is arrested in a residence, police may make a "protective sweep" of the residence in order to make a "cursory visual inspection" of places where an accomplice may be hiding. In order to do so, the police must have a reasonable belief that an accomplice may be around. Example: The police arrest you in your living room on charges of murder. They may open the door of your coat closet to make sure that no one else is hiding there, but may not open your medicine cabinet because an accomplice could not hide there. When you are being taken to jail, police may perform an "inventory search" of items you have with you without a warrant. This search may include your car if it is being held by the police in order to make a list of all items inside. Police may search without a warrant if they reasonably fear for their safety or for the public's safety. Example: If the police drive past your house on a regular patrol of the neighborhood and see you, in your open garage, with ten cases of dynamite and a blowtorch, they may search your garage without a warrant. If it's necessary to prevent the imminent destruction of evidence, the police may search without a warrant. Example: If the police see you trying to burn a stack of money that you stole from a bank, they may perform a search without a warrant to prevent you from further destroying the money. Perform a search, without a warrant, if they are in "hot pursuit" of a suspect who enters a private dwelling or area after fleeing the scene of a crime. Example: If the police are chasing you from the scene of a murder, and you run into your apartment in an attempt to get away from them, they may follow you into the apartment and search the area without a warrant. Police may perform a pat-down of your outer clothing, in what is called a "stop and frisk" situation, as long as they reasonably believe that you may be concealing a weapon and they fear for their safety. What the Police MAY NOT Do: The police may not perform a warrantless search anywhere you have a reasonable expectation of privacy, unless one of the warrant exceptions applies. If evidence was obtained through an unreasonable or illegal search, the police may not use it against you in a trial. This is called the "exclusionary rule." The police may not use evidence resulting from an illegal search to find other evidence. The police may not submit an affidavit in support of obtaining a search warrant if they did not have a reasonable belief in the truth of the statements in the affidavit. Unless there is a reasonable suspicion that it contains evidence, illegal items, or stolen goods, the police may not search your vehicle. If your car has been confiscated by the police, however, they may search it. Unless they have a reasonable suspicion that you are involved in a criminal activity, the police may not "stop and frisk" you. If they have a reasonable suspicion, they may pat down your outer clothing if they are concerned that you might be concealing a weapon.
Do I Need A Lawyer? This is a tough call. You can represent yourself in traffic court. But if you have the money to spend on lawyer fees, then by all means get one. An experienced attorney knows how the system works. Additionally, they will know if there is a technical or legal issue to your case. A lawyer can also plea bargain for you and get your charge reduced or dropped to a less serious one Additionally, with regard to civil infractions, the lawyer acts as your agent and you don't have to appear in Court.
Is There Any way To Fight A Traffic Ticket? Yes! You are within your rights to ask to inspect the speed detection device used to clock your speed. Ask, how was it used to obtain a reading? Ask if they used a tuning fork. You can also ask, why he chose to stop you when other cars were traveling the same or even at an increased rate of speed. Plus there are many other defenses and strategies.
Now That I Have Decided To Hire Attorney Kutinsky And Fight The Ticket, What Does He Do? Speeding/Traffic Infraction: First, we can request to inspect all of the following from the police station: The radar unit's calibration and maintenance records; The police officer's radar training certification; The tuning fork used to calibrate the radar unit, and the calibration certificate of the fork; The actual radar unit that was used. The police station's FCC (Federal Communications Commission) license; List of models, makes and serial numbers of all radar units being used by the police station. By law, you have the right to examine such evidence. Then we go to the formal hearing and discuss our case with the Prosecutor and Police Officer. Drunk Driving: These cases are very involved and to go into detail at this point is futile. These type of cases are very fact specific, as are most misdemeanors and felonies. There are many issues that need to be explored. REMEMBER: Do NOT talk with the Police/Agency. EVERYTHING will be used against you. Keep quiet and call: Toll Free: 1-866-MichOUIL (1-866-642-4684) 24 Hour Voicemail: 1-800-LAW-6685 (1-800-529-6685)