Phoenix, AZ—You’ve been
stopped by police while driving, how do you respond? There is no reason to make this a negative, life changing event.
You may be in for some heavy
fines or perhaps an only educational encounter.
Your behavior may well determine your fate. Never assume this will be a an unhappy event.
Make no mistake, you’ve got
few rights and the police are in charge.
Aside from traffic citations you could be publicly humiliated, injured,
jailed and see your car towed.
When you’re in court judges
and juries will assume the cop is telling the truth and if your story is
different that you’re lying. That’s the
way it is, unless of course a video exists.
When you become aware that
the police are stopping you, yield immediately.
Pull over and try to keep in mind the officer’s safety so he is not endangered as they get out to approach you on foot. At night, turn on your interior lights.
Keep your hands in sight and
avoid quickly reaching into the glove compartments, pockets or purses. Wait
until the officer is at your door and tell him what you’re attempting to
retrieve.
When the officer approaches
you, he’s going to issue requests, orders or commands. Try to smile and greet the officer
pleasantly. "Good evening officer, how
are you tonight?", will go a long way.
The officer will probably
just ask you for your license, registration and insurance paperwork. Keeping your registration and insurance
paperwork on your sun visor will prevent unnecessary fumbling through your
glove compartment.
The officer will tell you the
infraction he’s stopping you for. You
are free to tell him if you disagree and that you’ make every effort to drive
carefully. Don’t try and hold court on
the street.
You may suggest that because
of current traffic conditions that your alleged infraction was not a hazard to you or
anyone else. That may work for the "Hollywood stop" at a stop sign where the visibility is not obstructed and the
traffic is very light.
What you say can and will be
used against you. So the less said about
your violation the better.
If you manage to stay
pleasant you may get a simple warning.
If you get a citation you can feel out the officer about what he thinks
your chances in court might be.
Officers generally will make
notes about the stop on his paper copy of the citation. They may write nothing
or if you are a pain in their ass they will write a Great Western Novel about
you with lots of details.
The pleasant or uneventful
stops are the ones that officers will be inclined to not remember. The stops where people play the race card,
threaten the officer’s job or make nasty comments will always bring bad Karma.
Cases tried in Traffic Court
are much more easily won if the accused violators exercised good behavior.
Many people somehow believe
that pleading Not Guilty is a denial of the offense and somehow Perjury. The Not Guilty plea is only asking the court
to require the cop to prove your guilt.
That is not always a slam-dunk especially if the officer can’t remember
details of the stop.
Driving While Impaired?
In the 1970’s cops did all
they could to avoid arresting drunk drivers.
Nobody really cared back then and the time such cases tied up officers, was considered a poor use of time and resources.
That all changed in the 1980s
through today. Officers are rewarded
with good efficiency ratings for making these arrests today.
If the officer thinks you may
have been drinking, he may ask you to step out of the car. He may ask you to perform a field sobriety
test. I would suggest a polite refusal here. I will never play “Simon Sez” with a cop!
You have a right to refuse
this test and you may suggest that your feet hurt and you may not be at your
best. Avoiding public humiliation is
another reason to refuse. No officer is
going to punish you for refusing Simon Sez.
Taking a Breathalyzer test is
absolutely mandatory or you will lose your license in every state of the union
if you refuse. You will also not have
any evidence that you’re not impaired.
If you blow below a .08
reading you may still be cited. If
you’re cited for impaired driving immediately go to a hospital and request a
BAC test to counter the less accurate Breathalyzer test.
Be polite and friendly to the
hospital staff because you may need their help.
Cops are ordinary people and
are sensitive to unfriendly encounters like all of us. They also respond well to kindness and people
that behave well under difficult conditions.
If you’re cited be sure to thank the cop for doing his job. You have everything to gain and nothing to
lose by being nice.
As for racial issues White
cops like me are pleasantly surprised whenever African-Americans or Hispanics
are friendly and nice. Playing the race
card is never helpful and is always counterproductive.
Concealed Weapons Permits:
Immediately informing the officer you
have a permit and a concealed weapon is both helpful and smart. If the officer wants to disarm you, let it
happen. Your weapon will be returned
when the stop is over.
Having a valid concealed
weapon permit has real advantages. Your
permit is solid evidence that you’re law-abiding and respectful of the
law. Your permit is a badge of good citizenship.
If you follow this advice you
will find that you pay fewer fines and avoid regrettable encounters. You may have made a friend out of that cop
that pulled you over.
I refused to play "Simon Sez" once. Irvine PD refused to allow me to leave until I did.
ReplyDeleteBeen pulled over for speeding 4 times. Was polite and pled "guilty as hell" every time. Only got ticketed once - that one was a bit too blatant. It's always a mistake to argue about it.
ReplyDeleteI have had several encounters with LEOs over the years (all traffic related). I have never had an unpleasant encounter with an officer: attitude is EVERYTHING. Once I almost caused an accident with a police cruiser by pulling a stupid maneuver for which the officer had every cause to cite me; after being exceedingly polite and readily admitting I just did something reckless because I wasn't thinking and apologizing profusely, officer friendly let me off with a warning only. [FYI, middle-aged guy with a beer gut here.]
ReplyDeleteAttitude.
Is.
Everything.
Cops are people, too, and being a first class d**k can only make things worse for you.
I've followed this protocol for the last 12 years. In that time I've received 7 warnings and only 1 ticket. All of the warnings were verbal and a number of them were for speeds greater than 20 mike's over the posted limit. If you're a prick to them they will respond in kind. If you're not they will generally treat you decently.
ReplyDeleteWow! I got a lot of responses here. Many from people that either hate cops or feel that cops are not needed.
ReplyDeleteThen there were those that felt they had a right to drive and carry guns without licenses or permits of any kind.
Then there were those that accused me of ass kissing. Of course there were those that thought my article was on point.
Many of them were downright insulting. The bravado displayed in some comments was laughable because I suspect the commenters were basically cowards that may hate the police but never back up their empty threats.
The point of the article was instructions so that when you’re stopped you leave the situation is the best possible light without a unnecessarily difficult encounter.
I was not suggesting for a second that the current system of using cops to collect extortion money for politicians was the right one. It’s the system we have .
Needless to say I deleted scores of them because they were pointless.
We have all had encounters with Police Officers who clearly had the short-guy complex, or seem like maybe they were picked on in high-school, but for every one of those guys, there are several more who became LEO because they genuinely care about their Country and their communities.
ReplyDeletePeople complain that cops have an "us and them" mentality, while at the same time spewing malice and vitriol towards anyone who wears a badge. Gee, I wonder how cops got such a jaded view towards the people they come into contact with.
As a member of the Oath Keepers, I have the privilege of regularly meeting some of the best-of-the-best men and women in Law Enforcement. I'm here to tell you there are a lot of cops out there who are aware, and awake, and true patriots!
When I deal with cops, I try to put myself in their place. They don't know if you are a psycho or an escaped felon. A little common courtesy can go a long way towards improving your situation in dealing with them. I think the author gave some great helpful advice.