Stay Calm and Know Your Rights
Getting pulled over by the police can be stressful, but knowing your rights can help you stay calm and protect yourself. Here’s Georgia’s ultimate guide to what you should do and say if stopped by law enforcement:
Stay Calm and Be Informed:
You don’t have to answer any questions beyond identifying yourself, providing your driver’s license, and showing proof of registration and insurance. You are not obligated to explain where you’re coming from or what you’ve been doing. If asked to step out of the car, you must comply, but beyond that, you have the right to remain silent. Simply say, “I’m sorry, I won’t answer any questions.”Refusing a Search:
You do not have to consent to a search of your vehicle. If an officer asks, politely say, “I do not consent to a search.” Without probable cause or a warrant, they cannot legally search your vehicle. Be sure to close your car door when stepping out to avoid unnecessary searches.What About a Drug Dogs or Prolonged Detention?
Once the officers complete the purpose of the stop, they are supposed to let you leave. However, they often will not tell you that, or will use other tactics to snoop for trouble. One common example is requesting a drug-sniffing dog. They can request a dog be sent to the scene, but they cannot detain you indefinitely while waiting. You can ask “Am I free to leave?” at any time. You can also ask them “Please let me know when I am free to leave.” If they say no, you’re still being detained. If they say you are free to leave – leave! Another a common trick they will use is to answer “Yes..but I wanted to ask some more questions if that’s ok?” Then they will start asking other questions or doing something else. Your answer “I’m sorry, I won’t answer any questions. Unless I am still being detained, I’m leaving.” Remember – always be polite and clear.Breathalyzer and Blood Tests:
If suspected of DUI, you may be asked to take a breathalyzer test. Under Georgia’s Implied Consent Law, you can refuse it, but this could result in a driver’s license suspension. While refusing can carry consequences, it may be preferable to giving evidence that could be used against you. For a blood test, you can legally refuse unless officers have a warrant.
Get Legal Protection with Experienced Counsel
Knowing your rights is crucial, but if you find yourself facing criminal charges, having experienced legal counsel can make a world of difference. Kait Hayden, Criminal Defense Partner at Morrison & Hughes, is a seasoned lawyer with extensive trial experience defending clients in DUI and criminal cases. Kait’s background with organizations like the Georgia Capital Defenders and the Georgia Innocence Project makes her an excellent choice to help you navigate Georgia’s criminal justice system.
Want More Tips?
This blog is based on an insightful conversation between Tristan Morrison, Founding Partner of Morrison & Hughes, and Kait Hayden, Criminal Defense Partner. For more expert advice on handling a traffic stop and understanding your rights, be sure to check out the full video. Watch it now for in-depth insights into how you can protect yourself during a traffic stop!
For more information about Kait and the criminal defense services we offer, visit her bio and our Criminal Defense page:
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At Morrison & Hughes, we are committed to serving the Georgia community with exceptional legal defense. If you or a loved one is facing criminal charges, contact us today for a free consultation. Let us help you fight for your future. 📞 404-LAW-TEAM.
