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Almost every person who drives will likely be pulled over at some point. Whether you rolled through a stop sign, went a few miles per hour above the speed limit, or you were stopped for a serious matter like driving while , a traffic stop can be extremely stressful. In these situations, it’s vital to be aware of your legal rights during a traffic stop under both the United States and North Carolina Constitutions — and how to protect them.
If you see the flashing lights of law enforcement behind your vehicle signaling you to pull over, put your turn signal on and pull over to the right when it is safe to do so. Once you have pulled over, put your car in park and turn off your vehicle. Turn on your vehicle’s hazard lights, as well as the interior light if it is nighttime.
You should keep your hands on the steering wheel so the officer can see them as they are approaching the vehicle. When the officer gets to your car, they may ask to see your license and registration. Once you have identified yourself, you are not obligated to answer any further questions. In addition, do not exit the vehicle unless the officer asks you to do so.
You have several crucial rights at a traffic stop under the First, Fourth, and Fifth Amendments. Importantly, the First Amendment grants you the right to freedom of speech. Under this amendment, you are allowed to calmly refuse to consent to a search of your vehicle. The First Amendment also gives you the right to record your interaction with the officers as long as you do not interfere with the performance of their duties.
Your rights during a traffic stop also include the following:
It’s essential to always be polite, courteous, and cooperative during a traffic stop. Do not lie, provide false information, or interfere with the police performing their duties. However, you should be sure to keep your responses to any questions you are asked brief so that any statements you provide cannot be misconstrued and used against you.
If a vehicle is stopped because of an infraction, the passenger is also seized and prevented from leaving. A passenger’s rights during a traffic stop are the same as those that are afforded to the driver, and they are just as important. Notably, a passenger has the right to remain silent and not answer questions from the police. They also have the right to leave if they have not been arrested and can refuse to consent to a search.
A passenger has legal standing to challenge the legality of the stop and any subsequent searches in court. For instance, if police conducted a search and arrested the passenger based upon their findings, the passenger can argue that there was no legal basis for the stop. They might also be able to raise the issue that their Constitutional rights were violated. If the court finds that the search was conducted unlawfully, the evidence collected may be deemed inadmissible in the case.
If you are facing a DWI or another traffic-related offense, it’s critical to speak with a skillful criminal defense attorney who can fight for the best possible results in your case. The Johnston County criminal defense lawyers at Reece & Reece, Attorneys at Law skillfully represent clients for a wide array of traffic infractions and offenses. Call (919) 300-1249 to schedule a consultation and learn how we can assist you.
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