Routine traffic stops should always be just that—routine—but sometimes motorists say or do something that ends up escalating the situation, resulting in an arrest. Even if you did not commit an egregious crime, the criminal justice system is unpredictable, and an arrest following a traffic stop is never good.
If police arrested you during a routine traffic stop and you are now facing criminal charges as a result, there is a lot at stake, and you should do everything in your power to fight those charges. Turn to Darren DeUrso, Attorney at Law to discuss possible defense strategies with an experienced moving violation attorney in Westchester County. Call 914-772-8614 to schedule a consultation.
Read on to learn about ways you can reduce the chances of an arrest during a routine traffic stop:
- Put the Officer at Ease
After signaling a motorist to pull over, an officer’s first priority when approaching the vehicle and assessing the situation is safety. If you do anything to threaten the officer’s safety—even inadvertently—he or she is going to be on edge, which will not bode well for your case. CNN reminds drivers to turn off their vehicles, roll down the window, stay in their seat, and place their hands on the steering wheel, where the officer can see them.
- Do Not Consent to a Search
Pursuant to the Constitution of the State of New York, Article I, Section 12, unreasonable searches, seizures, and interceptions are unlawful. If police know they do not have legal grounds to conduct a search of your vehicle, they are going to ask you to consent to one instead.
In most cases, you should assert your right to refuse an unlawful search. You can do so simply by saying, “I do not consent to a search.” The officer may try to bully or intimidate you into agreeing to one, but as long as you remain firm and polite in your assertion, the officer will eventually have to let it go.
- Ask If You Are Free to Go
Sometimes, police may continue a line of questioning even if the motorist is technically free to go. Do not be afraid to ask if you are free to leave. Remain polite, and say something like, “Officer, are you detaining me, or am I free to go?” If the officer says you are not being detained, leave as soon as possible.
- Record the Conversation
Police are public servants, and there is no expectation of privacy on public roads, which means you have the right to record any conversations during a traffic stop. There are two major benefits of recording interactions with police: You will have evidence of the encounter should you need it later, and the officer will feel less inclined to escalate the conversation because it is being recorded.
If you are facing criminal charges after a traffic stop, you should do everything in your power to avoid a conviction. Darren DeUrso, Attorney at Law can assess your case and any evidence against you to determine the best way to proceed.
Call 914-772-8614 to schedule a consultation with a criminal defense lawyer in Westchester County. You can learn more about DWI laws in New York by visiting the USAttorneys website.