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.