In
case you somehow skipped right to this page and haven't
read any of the other sections of this web site which
tell you what I do for a living, I'll fill you in right
now. I'm a police sergeant in Brookfield,
Connecticut. Since 1998 I've been on the Accident
Investigation team, which is supposed to focus on motor
vehicle enforcement more than the average patrol
officer. Over the past few years I've conducted
literally thousands of motor vehicle stops. I have
also been a state-certified police instructor of motor
vehicle stop techniques.
I'm going to go ahead and presume that all of the above
qualifications make it acceptable for me to offer some
advice on what to do and what not to do if and when you
ever get pulled over by a police officer.
First of all, this is not
a list of ways to get out of a ticket. The only
sure way to avoid getting a ticket is to obey the motor
vehicle statutes. If you do something you're not
supposed to you run the risk of getting caught and
getting a ticket. If you have a driver's license
it is your responsibility to be familiar with the motor
vehicle laws, so claiming "I didn't know that was
illegal" isn't going to work. If you believe that
your special status as a taxpayer in town, or a business
owner in town, or a personal friend of the Chief, or
First Selectman, or Governor, or whoever should grant
you immunity from traffic violations, please take a look
at the "Influence" page to see how I feel about that.
I can offer you some
advice on how to act during the stop to improve your
chances of not making the situation worse. Maybe
you'll even manage to get a written or verbal warning
rather than an infraction ticket. Of course, the
statutes I mention are all
Connecticut statutes so they
might be different from those in another state.
If you notice a police
car behind you with its emergency lights activated you
should pull over and stop. The easiest way to get
off to a bad start is to make the officer follow you for
a mile or two as you drive on in blissful ignorance,
totally unaware of what's going on around you. To
do so might even get you an additional fine for
violation of Connecticut General Statute (usually
abbreviated "CGS") 14-283e, Failure to Pull to the Right
and Stop for an Emergency Vehicle.
Once you've pulled over
and come to a stop, parallel to the curb line and clear
of any intersections, you should turn on your dome light
(if it's dark) and get out your driver's license, the
vehicle's registration, and your insurance ID card.
You should have these items in an easily accessible
place, not back home on your kitchen counter or locked
in your desk at the office. The law also specifies
that those documents must be made available for me to
take in hand, so you have to hand them to me when I ask
for them. If you attempt to hand me your entire
wallet because your license is in the clear plastic
window and you don't feel like taking it out, I'm going
to ask you to remove the license and just hand me that.
A lot of people get very upset at that, so let me tell
you why we do that.
If you hand me your
wallet with your license on top, whether I take it back
to me car to write the ticket or whether I examine it
for a few moments and then hand it back, you could
suddenly claim that you had hundreds of dollars in cash
in the wallet when you handed it to the cop, and now
it's empty. Even though it's a bullshit complaint
it would still be an annoyance to deal with it, so we
avoid the whole issue by not taking the wallet in the
first place.
Anyway, keeping in mind
that those documents must be available for me to take in
hand, please do not try to hand me an envelope bursting
with hundreds of slips of paper which you just
laboriously pried out of the glove compartment and tell
me: "The registration's in there someplace."
That's no good - I won't take the envelope from you.
It is your job to locate those documents, not mine.
There are two excellent
reasons why you need to have those three documents with
you any time you are driving your car. First, if
you don't have one of them you may receive a ticket just
for that, in addition to whatever you were originally
pulled over for. Not carrying your license is a
violation of CGS 14-213, and not carrying your
registration is a violation of CGS 14-13. If you
don't have a valid insurance ID card with you that is,
by law, prima facie evidence that you don't have any
insurance at all. Not having insurance is a more
serious offense than not having your license or
registration with; it's a misdemeanor instead of an
infraction. I have to tow your car from the scene,
since I can't let it be driven on a public highway
without insurance. And you get issued a
misdemeanor summons with a mandatory court date.
Usually you get released at the scene on a written
promise to appear in court, but you could be arrested,
handcuffed, searched, and taken to the police department
where you'd have to post bond in order to get out.
The second excellent
reason to carry those three documents with you is that I
am well aware that the Department of Motor Vehicles is a
large government agency and, as such, occasionally makes
mistakes. If I query their computer and it says
that your driver's license expired two months ago, but
you have a valid license with you, I will be perfectly
willing to believe that DMV is a little late updating
their computers and you won't have a problem.
However, if I query their computer and it says that your
license is expired, and you tell me you renewed it last
week but you left it at home, well... I'm sure you
are a nice person and I believe you, but in our business
we trust but verify. You'll be getting a ticket
and a reminder not to leave your license on the kitchen
table any more.
Anyway, once you get
those three documents out of whatever automobile orifice
you'd secreted them in, put them all in one hand and put
both hands on the steering wheel. This makes it
much easier for me to see that you don't have a weapon.
If the idea that the cop who pulls you over thinks that
you might have a weapon bothers and insults you,
consider this: Do you know the cop who is walking
up to your car? No? Well, if you don't know
him how on earth is he supposed to know you? Since
he doesn't know you he can either assume you are
harmless and then hope you actually are, or he can
approach with caution, hoping for the best but prepared
for the worst. One way could get him killed, the
other way gives him the best chance to go home to his
family at the end of his shift. Which one would
you pick?
Moving on... When I
get to your car I'm going to stand to the rear of the
front window, where it's easy for me to see you but
difficult for you to see me. I do this for my own
safety, not to annoy you. Please don't angrily
demand that I step up to where you can see me, and don't
expect me to use my flashlight to let you look around
your car to find your wallet. My primary concern
when stopping a car is my own safety. None of the
things I do are being done to make you angry or
uncomfortable, but if they do I'm not going to do
something unsafe to make you feel better.
Once I get up to your car
I'm going to identify myself and ask you for your
license, registration, and insurance card. The
only proper thing for you to do at that point is give me
your license, registration, and insurance card. It
is not appropriate for you to quiz me on why I pulled
you over, or for you to ask if I know who you are, or
tell me that you know the Chief of Police, or the
Governor, or anyone else. It is also not at all
appropriate for you to try to barter with me, offering
to give me your license if I tell you why I pulled you
over.
Once I get those
documents from you I'm going to examine them for a few
seconds to see if everything appears to be in order.
If you have a restriction on your driver's license which
specifies that you need corrective lenses to drive, and
I don't see you wearing glasses, I'm going to ask if you
are wearing contacts. I'm sure you can understand
why I do that - there's no need to get upset and accuse
me of prying into your personal life.
At this point I'm going
to tell you why I pulled you over. Whatever I say
you did, you did. Get over it. Police
officers do not pull over random cars and then dream up
fictitious violations to write them tickets for.
It just doesn't happen. Legally I can only pull
you over if I have probable cause to believe a traffic
violation has occurred (see
Delaware v. Prouse.)
Do you really believe I'm going to pull you over just
for fun when I know that I'd be breaking the law and
putting my career in jeopardy to do so?
Next I'm going to tell
you whether I intend to give you a verbal warning, a
written warning, or a ticket. If you think you
have a legitimate excuse as to why you did whatever you
did feel free to tell me. I am perfectly willing
to listen to whatever you have to say, provided you talk
to me in a normal tone of voice. If you start
screaming and cursing at me I'm just going to calmly
walk back to my car. I may change my mind after I
listen to you and give you a warning instead of a
ticket. No matter how rude you are or what you
have to say, I'm not going to change my mind and give
you a ticket after deciding to write you warning.
But that's just me - I don't believe that is true for
most cops. If your excuse consists solely of "I
didn't do that" you can feel free to say that once, but
don't be too upset if I don't buy it. If I hadn't
seen you do something which violated one of the motor
vehicle statutes I wouldn't have pulled you over in the
first place. It's unlikely you will be able to
convince me that I didn't see what I thought I saw.
As a little extra help
here are some excuses which are endless attempted, but
which NEVER work:
1. The light was
yellow.
2. I didn't know
that was illegal.
3. Other cars
were doing it too.
4. I couldn't
have been speeding because my car won't go that
fast.
5. I was just
following the car in front of me. (A
popular but no more effective variation of #3,
above.)
6. But I slowed
down when I got to the stop sign.
7. This is a
leased vehicle so it's not my responsibility to
renew the registration.
8. Someone was
chasing me. (Yes, we hear this all the
time and no, we don't believe you.)
9. What time do
you get off work? Maybe we could get
together sometime?
(Forget it.
I'm not stupid enough to believe you have fallen
in love with me in the six seconds since I
walked up to your car.)
After all that I'm going
to return to my car, check your license and registration
through the DMV computer, then write either the warning
or the ticket. Then I'll return to your car and
hand you the warning or the ticket and explain what you
need to do with it. If you have a question it
helps if you speak up, since I am standing on a busy
street with traffic rushing by and sometimes it can be
difficult to hear you. After explaining the ticket
I'll hand you back your license, registration, and
insurance card.
If you want to know my
name or badge number please take a moment to look at the
ticket. They are both right there. Please be
aware that asking for my name is not going to intimidate
me or make me worry that you're going to report me,
because I know I haven't done anything wrong.
If you feel you didn't
deserve the ticket then check off box #2 on the back and
mail it back in the envelope provided. You will be
mailed a court date at which time you can tell your
story to the State's Attorney. If he agrees with
you that you had a valid excuse for whatever you did
then he will dismiss the charges. Good luck.
The State's Attorney and, after that, the judge, are the
proper individuals for you to argue the merits of your
case with - not the officer on the side of the road.
Please refrain from taking your frustration and anger
out on the officer who is, after all, just doing his
job. Is there anyone out there who believes the
world would be a better place if there weren't any cops
on the road enforcing traffic laws?
The bottom line is that
if you are stopped and issued a ticket all that means is
that on this particular date, at this particular time,
in this particular location, you violated one of the
Connecticut General Statutes regarding motor vehicles.
That's it. It doesn't mean or imply that you are a
bad driver, or an irresponsible person, or a bad mother
or father, or a criminal. Good people violate
traffic laws sometimes, the same as not-so-good people.
No one forced you to speed, or run the red light, or
whatever, so take responsibility for your own actions
and face up to the consequences.
If you have kids in the
car, please take a moment to consider how this
experience might affect them. If they see Mommy or
Daddy drive through the red light, and then they see
Mommy or Daddy yelling and screaming and cursing at the
police officer who stopped them for driving through the
red light, what does that tell them? In my opinion
you are clearly showing that the proper thing to do when
you get caught doing something wrong is to become angry
and upset with the person who caught you, rather than
admitting you made a mistake. I don't think that's
the sort of thing we should be teaching our children, do
you?
That's about it for
traffic stops and advice on how to act. The links
below will take you to some pages with various rants
about the stuff police encounter every day, if you'd
care to look.
Contact me with any positive feedback, snide
comments, sincere or sarcastic questions,
pseudo-intellectual remarks, or honest wishes for a long
and pleasant life.