When you are pulled over by police, one of the first things you probably do is start thinking about ways that you can work your way out of the situation without receiving a ticket or being arrested. Some people may hope that the truth earns them some leniency and compassion from the cops, others choose a more reserved neutral approach to the situation, while others will lie with a smile on their face if it means they get out of trouble.
We’re fans of the quiet neutral approach, but many people wonder if they’ll face additional problems if they are caught in a lie while being questioned by police. In today’s blog, we explain whether you can legally lie to police during a traffic stop.
The Legality Of A Lie
Let’s say, for example, you are stopped by police while driving home after watching Monday Night Football at a friend’s house. You had two beers but are well under the legal limit and were stopped for rolling a stop sign in your neighborhood. The officer asks you a few basic questions before asking you “Have you had anything to drink tonight?” You’ve had drinks, but you expect that answering yes will only bring on additional questions and a more thorough investigation, so can you lie to the office and say no?
Legally, yes. You can lie about certain details of the traffic stop without additional penalty from law enforcement. You don’t need to tell them the truth about how much you’ve been drinking, where you’re going or why you’re going there. You can lie all you want, and you’re not going to face additional penalties like obstructing justice if the truth eventually comes out.
Now, just because you can lie, doesn’t mean you should. If you say you haven’t been drinking and there’s a clear smell of alcohol in the vehicle, the officer is going to know you’re lying and continue with the more thorough investigation anyways. But again, you don’t need to default to the truth either, because anything you say can and will be used against you in the court of law, so there’s no reason to self-incriminate yourself. Instead, we recommend going with the neutral approach and guiding the conversation back to the original reason for the traffic stop. “Do you want to see my license and registration,” or “I’m not going to answer any questions about that without a lawyer” are direct and neutral responses that should hopefully steer the conversation in a different direction. You don’t need to lie, but you don’t need to be an open book either.
However, there is an instance during the traffic stop where you are required to tell the truth and failing to do so can lead to additional charges, and that is when you are being identified at the outset of the stop. If you try to pass off a fake driver’s license or you give the officer your brother’s name instead of yours and the truth comes out, you will likely face additional charges related to providing falsified information. Don’t lie when being identified, but once that’s out of the way, you can use your judgment on how to best proceed with the interaction with the officer.
If you’ve been caught in a lie or the truth came back to bite you, let us help. Reach out to Avery and the team at Appelman Law Firm today for help with your criminal defense issues in the Twin Cities. Give our team a call today at (952) 224-2277.
