If you are pulled over on suspicion of a traffic offense — including speeding, reckless driving or driving under the influence — it’s important to understand your rights. With that knowledge, you can determine in the moment if you safely can assert your rights or if you should obey an officer’s commands and work with an attorney after the fact. Your rights during a traffic stop include:
Remaining silent. Whether you stay in your vehicle or the officer requests that you
exit, you are required to provide certain information — including your name
along with license, registration and insurance details. However, beyond
providing basic details, you are not required by law to answer questions, and
you can state that you choose not to answer. You can remain silent whether
you’re temporarily detained or placed under arrest.
Asking if you are free to go. If you have been stopped but not formally placed
under arrest, you can ask if you’re free to leave the scene.
Refusing a search. You can refuse a search of your person or your vehicle. However, a
search still may be conducted if the officer believes that probable cause
exists.
Asking for an attorney. If you are arrested, you should ask to speak with an
attorney immediately. If the stop is temporary, you may not be entitled to an
attorney. However, if you are held for a lengthy period of time, you must
either be released or placed under arrest.
If you are unsure of your rights, don’t guess or take a chance on something you read on the web. Ask for a lawyer and then call me.
Know the law. Know your rights. Know the right attorney.
Kelly Cardon, Attorney at Law, DUI Specialist
(801) 627-1110 Ogden – (801) 328-1110 Salt Lake City
