Saturday, October 19, 2013

What to tell the cop when you're pulled over.

The first thing most cops do is ask you if you know why they stopped you. What they're hoping is that you'll say something like “because I just ran a stop sign” or something similar. If you do say something like that, the cop will write that down and use it against you at trial. That's called an “admission against interest.” And, it's perfectly correct for the prosecution to use it against you later.

In fact, you don't know why you were pulled over, even if you did just run a stop sign. Your registration might be expired or your car's brake lights might not be working correctly. In any event, your answer should not include any admission that you broke any law or did anything unsafe. If you're asked whether you know how fast you were going, you might answer “Yes.” The only time you should say how fast you were going is when you know you were going slower than the posted speed limit. Remember, you have a constitutional right not to incriminate yourself...use it! You can simply say "I don't want to talk about that" or "Can you just give me a warning this time?" Change the subject or just keep your mouth shut. Don't lie...Don't incriminate. 

You might think there will be some benefit to admitting to a violation because the officer will then let you off with a warning. While this is possible, my opinion is that the liability of the admission outweighs the possible benefit.

Don't say “I'll see you in court” or anything else that gives the officer the idea you'll fight the violation. If you do, they'll just be that much more careful and they may make more comprehensive notes which will make their case stronger in court. Saying something like “can I pay the fine by mail or do I have to go to court” gives the preferred alternative impression that you won't fight the ticket and that you don't know what you're doing in this area anyway.


If you're polite and keep your hands in plain sight when the officer is talking with you, you could well get off with just a warning. Don't make the prosecution's case during the traffic stop.