If you are pulled over by police, they are going to try to have a conversation with you, even if they stopped you for something minor like a broken tail light or rolling a stop sign. They do this to see if they can gather any evidence that may suggest a further investigation is warranted. Many people stopped for DWI or with drugs in the car were not originally stopped because police believed they were driving drunk or had drugs in the vehicle; they were stopped for a minor infraction and the driver’s actions or conversation led the officer to believe something was afoot.
We don’t want you to hand police any evidence that could lead to additional charges or make your case harder to win, so we want to share some advice. In today’s blog, we explain the one thing you should say during every traffic conversation to help your future self manage the fallout from the traffic stop.
What You Should Say When Pulled Over
Before we get into the meat and bones of this blog, we do want to mention that you will be legally required to identify yourself when stopped by police. State your name and hand them any information they are requesting, like a driver’s license or insurance information. Once the most basic personal information has been exchanged, here’s what you should say to all police officers who are trying to converse with you.
Nothing.
Don’t talk about the incident. Don’t talk about topics unrelated to the incident. Don’t answer seemingly innocent questions like “Where are you coming from?” or “Why were you going to fast?” Police are fishing for information that can be used against you in the court of law.
If you mention that you’re coming from a bar or restaurant, perhaps they hone in on a potential DWI situation. Coming from a friend’s house? Maybe they were smoking marijuana or he was picking up drugs from a dealer. Even answering a question like “Why were you going so fast” can be construed as recognition that you were in fact traveling at unsafe or illegal speeds.
You’re not going to talk your way out of a ticket, but you may end up providing police with more evidence that may be used against you. Whether that’s evidence for the original traffic stop or an additional issue during the traffic stop, it’s simply not worth it to have a conversation with a police officer while you’re stopped.
If you feel like you need to say something because your “Minnesota nice” is kicking in, simply say “I’ll provide you with my name and vehicle information, but as a rule of thumb I don’t speak to law enforcement on the record without my lawyer present, so I won’t be answering any further questions, thanks.” That’s a politically correct way to do it, but you can also simply do what Avery recommends, which is “Shut the f*** up.” Both options are just as effective at protecting your rights in this situation.
There will be plenty of time for explaining your side to your lawyer or while you’re in court, so save the conversation for these moments. You’re only going to make things harder on yourself by talking with police, so don’t do it.
As always, if you or someone you know needs help navigating a criminal matter in the greater Twin Cities area, we hope you’ll reach out to Avery and the team at Appelman Law Firm today at (952) 224-2277.
