Most drivers will at some point in their lives be pulled over for a traffic offense. We expect the inconvenience and cost, and perhaps the need to take a defensive driving class. But there are a number of things you should know that can help you reduce or avoid these and other more serious consequences. Here is our top 7 list of things to know:
What to Do When You’re Pulled Over
Your behavior and attitude when you are pulled over for a traffic stop can greatly impact the outcome. Always be polite and cooperative no matter how you actually feel. When asked questions, be honest or say nothing. The officer is not required to read you your Miranda Rights but anything you say can still be used against you in a court of law. An officer may be generous and reduce the severity of an infraction. However, if you contest the ticket the initial charge can be reinstated.
What Paying Your Ticket Means
Many people don’t know that when you pay a traffic ticket it is an automatic admission and adjudication of guilt that is entered into your record. This information can then be used in future cases and it can also be used by insurance companies to make rate determinations. So while just paying your traffic ticket may make sense for parking and other very minor violations, you should consider the potential consequences of paying a ticket for violations such as speeding or running a traffic light or stop sign.
Civil Tickets and Their Potential Consequences
Offenses such as speeding (20mph or less over), running a red light or stop sign, careless driving, or failure to yield are considered civil (non criminal) offenses. However, this doesn’t mean that you simply pay a fine and the consequences end there. These infractions add points to your record and can ultimately result in the suspension of your driving privileges. This can obviously have a very negative impact on your ability to work or engage in other critical functions. Since you don’t know what future violations you may be involved in or how easily they may be challenged, you should always consider challenging current violations to avoid or reduce points and fines. An experienced attorney may be able to have your fines and points reduced or even eliminated.
Criminal Traffic Offenses
You may be stopped for a relatively minor civil traffic infraction and then find yourself being charged with a criminal offense. The most common criminal offenses resulting from routine traffic stops include:
- Driving with a suspended license - Often drivers don’t even realize that their license has been suspended perhaps due to failure to pay a previous ticket. This can result in an extension of your license suspension and even jail.
- Not wearing corrective lenses when your license includes this restriction - This offense can be considered criminal. If you rear end someone and are not wearing required corrective lenses this minor accident can also become a criminal offense.
- Having the wrong tag on your car - If the registration tag on your car does not match the car’s VIN number this can be considered a criminal offense.
If you are charged with a criminal traffic offense you should always be represented by an attorney.
Felonies Resulting from Traffic Offense Stops
Being pulled over for a minor traffic infraction can result in the discovery of evidence that leads to a felony charge. Examples include the discovery of a gun without a concealed weapon permit, other illegal weapons, drugs, or other contraband. Even if the reason for the traffic stop was a mistake it can still lead to felony charges if the officer had probable cause. You should not give permission to have your car searched but if officer decides to search anyway you should politely request that the officer make a note indicating that you declined permission to search.
If you are charged with a felony related to a traffic stop or any other reason it is imperative that you contact an attorney immediately.
If You Have Been Drinking
The presence of alcohol in your system can result in serious DUI Charges. You are permitted to decline a field sobriety test without consequence. You are, however, required to take a breath test but if you fail it is advised that you demand a blood test immediately (if this test is not provided the breath test can be declared invalid). At the first opportunity make a report of who you interacted with and what you were doing prior to the arrest and also note any mechanical issues or other factors that could account for the appearance of erratic driving.
DUI charges are a serious matter that require representation by an experienced DUI Attorney
Finding the Right Attorney
The most important decision you will make if you have been involved in a traffic violation is the choice of an attorney with experience in all facets of traffic law and the related consequences that may result from a traffic violation. Frank Bianco and Declan Mansfield are highly experienced attorneys that will work directly with you right from your very first free consultation and throughout the legal process. We’re located right here in New Port Richey in Pasco County and are committed to aggressively defending your rights.
