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Understanding Your Rights and Responsibilities During a Traffic Stop

March 28th, 2019 at 3:56 pm

Illinois traffic offenses, Illinois traffic stops, police search, Rolling Meadows criminal defense attorney, searches and seizuresMany people do not have much interaction with the police. If they do, the chances are good that it is going to happen during a traffic stop. Even then, many people will only get pulled over two or three times while they are behind the wheel. When it happens, it is often very stressful. People imagine the worst as they sit in their car and watch the officer approaching.

In these cases, people are sometimes prepared to cooperate with the officer and do whatever they ask. These individuals do not understand that they have rights, and are not required to comply with everything an officer may request. Still, others may think they do not have to follow anything an officer instructs them to do at a traffic stop. These individuals may become belligerent or aggressive at a traffic stop.

So, what rights and responsibilities do people have when they are pulled over for a traffic stop?

Drivers Are Required to Pull Over

Any time a driver sees the flashing lights of a law enforcement vehicle, they must pull over as soon as it is safe to do so. In a few cases, a police officer may ask a driver to pull over, such as if the two vehicles are at a stop light, or if an officer walks up to the driver’s window while the vehicle is stopped. In either case, it is important that the driver complies with the officer’s request.

Under Section 11-204 of the Illinois Vehicle Code, failing to pull over for a police officer is considered fleeing the police, and it is illegal. Even if a driver simply takes too long to pull over, the officer may believe they are trying to evade the police. When this is the case, the driver will face penalties that are likely much more serious than the penalties they would face for the initial traffic violation.

Drivers Must Remain Calm

This is not written into Illinois law, but it can prevent the situation from escalating. When a driver can remain calm and speak politely to a police officer, it is less likely that the situation will develop into anything more. When drivers are aggressive and rude to police officers though, it could lead to further charges than they would have faced from the traffic stop alone. Police can misinterpret even small gestures such as the driver reaching for something in the vehicle. Due to this, it is always best if the driver keeps their hands visible and only gets out of the vehicle if the officer asks them to.

Drivers Are Not Required to Answer Questions

Drivers are required to provide a police officer with their driver’s license and registration if they are asked. However, they do not have to answer any questions the officer asks. The Fifth Amendment to the United States Constitution allows individuals to refrain from answering questions that may incriminate them in a crime. This includes traffic stops.

Officers often ask a lot of questions during a traffic stop. They may ask a driver if they knew how fast they were going, or if the driver knows why they were pulled over. It is often advised that even when a driver feels as though they have done nothing wrong that they refrain from answering these questions. Anything a driver says can be held against them later on.

Drivers Do Not Have to Consent to a Search

Just because a driver has been pulled over does not give police officers the right to search the vehicle. Drivers can refuse this search, although officers are also given quite a bit of leniency during traffic stops. If they have reason to believe there is evidence of a crime in the vehicle, they can perform their search without the driver’s consent. For example, if an officer noticed drug paraphernalia in the vehicle, they might search the vehicle.

In order to search a vehicle, police officers must have probable cause. Due to this, drivers can ask police what they are searching for, or what probable cause they have.

Did You Get Into Trouble at a Traffic Stop? Contact a Rolling Meadows Criminal Defense Lawyer that can Help

Traffic stops may seem minor, but they can quickly become a much more serious situation. When this is the case, drivers should contact a dedicated Rolling Meadows criminal defense lawyer for help. If you were pulled over and it led to serious charges or you feel as though you were treated unfairly, contact the Law Offices of Christopher M. Cosley at 847-394-3200 today. We understand you have rights that may have been violated, and we will help make to correct that situation, ensuring those rights are upheld. Do not try to handle your case on your own. Call now for your free consultation.



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