If a simple traffic stop escalates to the point that officers feel they need to make an arrest, it’s going to do a lot more than ruin your day. Not only will you likely be stuck behind bars until your family secures a bail bond, but you’ll also have to fight criminal charges that may or may not be warranted in the ensuing months. Thankfully, you can reduce the chances that any given traffic stop will escalate by asserting your rights in a calm and polite manner. What exactly are your rights, though, and how can you stop officers from violating them?

Understand Your Rights Upon Getting Pulled Over

1. Regarding Searches

Generally speaking, you have the right to refuse a search of your vehicle. There are circumstances, though, in which police may proceed without a warrant even if you don’t consent. For example, if contraband is in plain view—a small baggie of drugs and paraphernalia are on the front seat, for example—officers may search the rest of the car for more. Police may also conduct a search if they have probable cause to believe you violated the law, suspect critical evidence is about to be destroyed, or have already arrested you.   

2. Regarding Questioning

During a typical traffic stop, you must identify yourself and provide any supporting documents requested by the officer, such as your license and vehicle registration. Otherwise, though, you have the right to remain silent. Whether it’s wise to exercise this right will depend on the circumstances.

If police are already suspicious, for example, refusing to answer their questions could make the situation worse and end with you in need of a bail bond. If the exchange is relatively straightforward, though, and you were pulled over for a simple traffic violation, declining to answer questions in a polite but firm manner could work in your favor. To avoid arousing suspicion, you could try answering their questions with a question, like “Is there a problem?” or “Am I free to leave?” 

3. Regarding BAC Tests

Like most states, Tennessee has implemented an implied consent law, which essentially means motorists agree to submit to chemical tests in certain scenarios. If an officer has probable cause to believe you were drinking and they request a blood or breath test, you could face serious penalties for refusing because of this law. Field sobriety tests, on the other hand, are optional. And because their results are purely subjective, defense attorneys often advise the general public to politely refuse them. 

 

If you or someone you love ended up in custody despite asserting the above rights during a traffic stop, AAA Bail Bonding can help. Based in Clinton, this agency is proud to serve families throughout East Tennessee. When you need an affordable bail bond fast, you can count on their agents, who are available 24/7. They’ll be happy to answer all your questions regarding the process and post bail on your behalf in a timely fashion. To find the agent nearest you and secure a bond as soon as possible, visit their website or call (423) 542-3733.