Kapadia & Naik, Attorneys at Law

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What To Do When You Get Pulled Over

            One of the most common ways to interact with the police is through traffic stops. Understandably, many people start to get nervous or sweaty when they see the blue lights of a police officer behind them, even when they have done nothing wrong. With recent heightened community-police tensions, it is more important than ever to know how to conduct yourself during any police interaction. Cops are humans, and humans make mistakes. In Georgia, traffic tickets are misdemeanors and the maximum punishment for a misdemeanor is a $1,000.00 fine and/or 12 months in jail. Here are some tips to ensure you protect yourself during a traffic stop.

            If an officer is pulling you over, be smart and pull over to the side of the road or a parking lot as soon as possible. If it is not immediately possible to pullover, slow down and put your flashers on notify the officer that you have seen their lights and are intending to pull over. When the officer approaches you, make sure that you have your music off and your hands are where the officer can see them, ideally place them on the wheel.

            One of the most important things to remember is to be polite and not be a jerk. Many people will end up getting themselves into trouble simply for giving attitude or being short. You will likely be asked for your license, registration, and proof of insurance. It is in your best interest to provide this information; however, you do not have to provide any other information, especially anything that could be incriminating. You should avoid questions such as where you are going or how much have you had to drink.  

            Remember to stay in your car, do not get out and approach the officer. Also, do not consent to any search of your vehicle. The Fourth Amendment of the Constitution protects you from warrantless searches. Politely but clearly state that you do not consent to any warrantless searches. You may tell the officer that an attorney has advised you to not consent to any searches or answer any questions.

            For most traffic stops, the officer will only detain you long enough to conduct business. However, if the officer has already finished but begins asking questions unrelated to the stop, the cop may be fishing for more things to charge you with. If that happens, ask, “Officer, am I free to leave now?” Asking this will force an officer to decide if you are going to be placed under arrest of if you are free to go.  

            ­With experience both prosecuting and defending people charged with Georgia traffic tickets, we have the expertise and knowledge to help inform you about and protect your rights. If you have received a traffic ticket in Georgia or have been subject to a warrantless search by an officer, call us for a consultation at 770-881-8081.