For most motorists, the sight of flashing lights in the rearview mirror while driving is not a welcome sight. Knowing you are being pulled over can be anything from mildly annoying to outright terrifying, making it stressful to navigate a traffic stop, especially if you are unsure of your legal rights and the proper protocols involved in a stop. To help protect you and your rights, a Murfreesboro criminal defense lawyer at Bennett | Michael | Hornsby discusses how to handle a Tennessee traffic stop.
Stay Calm and Pull Over Safely
When you see the flashing lights of a police vehicle behind you, the first step is to try and remain calm. Look for a safe spot to pull over, ideally to the
right side of the road, out of the flow of traffic. Turn on your hazard lights to signal to the officer that you are complying with the stop; however, if it is dark or you are concerned for your safety, slow down and wait to pull over in a well-lit and populated area.
Prepare for the Interaction
Once you have safely pulled over, roll down your window and place both hands on the steering wheel where the officer can see them. If it is nighttime, you can turn on the interior light to increase visibility. Avoid making any sudden movements, as this can be perceived as a threat. In Tennessee, you are required to provide your driver’s license, vehicle registration, and proof of insurance when requested by a law enforcement officer. If you need to retrieve documents from your glove box, center console, purse, or wallet, inform the officer of your intentions before doing so.
Communicate Respectfully
Always address the officer respectfully and politely. Even if you believe you were stopped without sufficient cause it is best to avoid arguing with the officer as the side of the road is not the place to contest a traffic violation. If you believe you were wrongfully stopped or cited, you will have the opportunity to challenge the matter in court after consulting with an attorney. Arguing with the officer serves only to increase the likelihood that a simple traffic stop will escalate into an arrest.
Know Your Rights
While it is in your best interest to avoid arguing and communicate respectfully with the officer, you should also know your rights during a traffic stop in Tennessee, including the:
- Right to Remain Silent: Although you are required to provide basic identifying information to a law enforcement officer, you have the right to remain silent beyond that. If you choose to exercise this right, calmly state, “I am invoking my right to remain silent.”
- Right to Refuse Consent to Search: You have the right to refuse a search of your vehicle if the officer does not have a warrant or probable cause. Politely say, “I do not consent to a search.” That does not always prevent a search from occurring; however, it does protect your right to challenge the legality of the search down the road.
- Right to Ask if You are Free to Go: If you are unsure whether the traffic stop is over, you can ask the officer, “Am I free to go?” If the officer says yes, you may leave. If not, you must stay until the officer releases you. This distinction between whether you are free to go or not can be important if you end up being arrested or charged with a criminal offense.
Handling a Citation
If the officer issues a citation, sign it and accept it without argument. Signing a citation is not an admission of guilt. Your signature simply acknowledges that you received a copy of the citation. If you wish to contest the citation, you can do so at a court hearing. If you plan to contest the citation or have concerns about the officer’s conduct, make note of the officer’s badge number and other relevant details such as the time and the location of the stop.
Consult with an Attorney
If you have questions or concerns about the way the traffic stop was conducted or the citation(s) you were issued, consult with an experienced Tennessee criminal defense attorney immediately after the stop. If a traffic stop resulted in an arrest, consulting with an attorney as soon as possible becomes even more important.
Contact a Murfreesboro Defense Attorney
If you have questions or concerns about a traffic stop in Tennessee, consult with an experienced Murfreesboro criminal defense attorney at Bennett | Michael | Hornsby as soon as possible to ensure that your rights are protected. Contact the team today by calling 615-898-1560 to schedule your free appointment.
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