What do you really know about being stopped by an officer?

It is one thing that we do literally thousands and thousands of times throughout our careers as Officers, it is turning on the Red and Blue lights to make a car stop. The difference between the Cops and you the Motorist is that WE know why we are pulling you over. You don’t.

There are several hundred reasons listed in the Vehicle Code for an Officer to stop your car. Many of the primary reasons we have for stopping a vehicle don’t have anything to do with enforcing the Vehicle Code.

Example: I see a suspicious looking van cruising several times through a closed shopping center at 2:am. (A shopping center that was recently burglarized I might add.) I see that the van does not have a light over the rear license plate as required by the State Vehicle Code.

I turn on the Red and Blue lights and stop the van. I could really care less about the van having a license plate lamp out, but that’s the Technical and Legal reasons I use for making the stop. This gives me legal cause to check for License status, Vehicle registration, and proof of Insurance. You would be amazed at how many arrests the Cops in your Town or City make, originating from simple little mechanical infractions like this. Warrant arrest, Dope arrest, Weapons arrest, Stolen Property arrest, Locating Runaway
Juveniles.

Most the good Cops I know use the Vehicle Code as a tool. Of course if we see something unsafe we are going to let you know about it. You might even get a Fix it Ticket. Just be aware that there are literally hundreds of reasons to stop a vehicle for poor driving or equipment violations. If you want to browse through it yourself, go down to your local Department of Motor Vehicles and get a copy of the Vehicle Code. You will get the same book they give us to use!

There are primarily 3 types of Car stops that an Officer deals with:

1) The Traffic enforcement stop. (Moving violations, Mechanical violations, Parking violations etc.)

2) The Investigative stop. (Vehicle weaving, Officer investigates for D.U.I., or Vehicle/ Occupants are involved in suspicious activity similar to the van in the example listed above.)

3) The criminal arrest stop. (Officer has knowledge vehicle or occupants are wanted for a crime.)

More often than not, the only time that you will ever have contact with an Officer on the roadways, will be when you are stopped for traffic enforcement. It is important however, that you understand the mind set of the Officer during each category of stop.

Whether you are stopped by a Patrol cop looking to find bad guys who just happened to see you do something wrong with your car, or when you are stopped by a Traffic officer who is a Ticket writing machine, you have certain courses of action that you can take that can GREATLY affect the course of action that the Officer will carry out. Our 2 actions are simple. A TICKET. Or a WARNING.

Here are the things you need to know that can greatly REDUCE your chance of being cited.

• When the Red and Blue lights come on behind you, Pull over to the RIGHT shoulder of the roadway SAFELY! Even if you are in the fast lane of the freeway. PULL TO THE RIGHT SHOULDER OF THE ROADWAY. If the Officer is sharp, he already has his rear lights on letting traffic behind know to keep clear. I give credit for the driver who pulls over to the right.

• Keep your hands on the wheel until the Officer makes contact with you. Remember that the Officer is watching EVERY move you make. If you reach into the glove box, or for a purse on the floorboard, or into your back pocket for your wallet, that Simple movement becomes an immediate THREAT to us because we have NO IDEA WHAT YOU ARE REACHING FOR! Any good Cop that wants to live to retirement is going to perceive that it is possible for a Weapon to be in ANY vehicle. That unexpected movement that you make inside your car before we contact you supports that suspicion. SAFELY pull to the RIGHT and keep your hands on the wheel. I give credit for that.

Normally the Officer will greet you and explain why you were stopped. You don’t have to like us, but now is not the time for you to cop an attitude. The Officer will ask you for your Drivers License, Vehicle Registration, and written Proof of Insurance. Tell the Officer where your License is, and even ask permission to reach into a purse or a rear pocket for a wallet. The person who makes an EFFORT to make my job SAFER gets credit for that.

Have your Vehicle Registration and Proof of Insurance readily available either in the glove box, center console, or on your visor. I give credit for that. I recommend having the Registration and the Proof of Insurance for the CAR YOU ARE DRIVING, paper clipped or stapled together. The person who takes the time to be organized gets credit for that in my book.

The person, who is unorganized and has to sift through a ton of papers and junk falling out of the glove box for 5 minutes, gets NO CREDIT.

The Officer will normally ask you 2 to 3 CRUCIAL questions once he or she knows whom they are talking to (meaning you have already identified yourself with your License.) Let’s say I stop you for doing 40 miles per hour on a residential street with a speed limit of 25mph.

I will ask you:
DO YOU KNOW WHY I STOPPED YOU? If not I’ll explain why but this is your chance to be honest.
DO YOU KNOW WHAT THE SPEED LIMIT IS? If not I’ll tell you.
DO YOU KNOW HOW FAST YOU WERE GOING?
And I might add, IS THERE A REASON YOU WERE DRIVING SO FAST?

These are CRUCIAL questions because the Officers Questions and YOUR Answers will be noted on the Officers copy of the citation. When a Cop has you sign the ticket and says, Press hard, 4 copies they are not kidding. One copy goes to you, One goes to the station, One goes to the Court, and guess what. We get one so that we can testify in traffic Court months or even sometimes a couple years down the road.
The Officers copy is the only one that has your comments and statements on it. HONESTY gets points. A bad attitude, rudeness, and obvious lying does not.

Another thing for you to be aware of. MANY Officers if they are smart, TAPE RECORD the contact they have with you. There is no expectation of privacy when being stopped by an Officer and we do not have to inform you that the contact is being taped. Why do we do this? Here is an example.

I stop a woman for not stopping completely at a stop sign and because her vehicle registration expired 4 months ago. The first line out of her mouth is “This is Bull SHIT!” She then proceeds to call me every name in the book and reminds me that I should be out harassing Real Criminals. I ask my 3 questions above and keep a cool head because I know my recorder is going. After signing the ticket, I give the woman her copy and she crumples it up in front of me and says, I’ll see you in Court Asshole. She speeds away as I ask her to Drive Safe and she yells, Kiss my ASS.

I get called into the sergeants office an hour later and the sergeant informs me that the woman was filing a citizens complaint, accusing me of being rude, belligerent, using profanity, and threatening to take her to jail if she did not sign the ticket. The sergeant asks me what I have to say for myself. I smile and take out my recorder and play the tape back. The sergeant stares in disbelief as he hears the woman screaming at me while using a few words that even he has not heard before.

A false complaint gets stopped in it is tracks but more importantly, what do you think the Traffic Court Judge is going to think when he hears that tape in open Court? And it is perfectly admissible. Moral of the story? Be honest and Keep a cool head. You get credit for that. I’ll discuss your options for running into a rude or unprofessional cop later under Citizen Complaints.

Just a review:

Pull to the right shoulder safely and as soon as possible.
Keep your hands on the wheel.
Wait for the Officer to contact you before you reach for ID.
Have your paperwork in order, and readily available.
Pay attention to what the Officer asks or tells you, and BE HONEST.
Remember that your comments will be recorded whether it is on the cite, or on tape.

Don’t

Don’t stop abruptly in the lane. AUTOMATIC TICKET in my book because I probably almost rear-ended you.

Don’t pull over to the left or in the center divider. AUTOMATIC TICKET in my book.

Don’t make unexpected movements towards the glove box, or for a wallet, or under the seat, until the Officer asks you to. I’ll have reason to escalate my level of Precaution and You will PROBABLY GET A TICKET.

Don’t get out of the car! I’m not going to say every time, but I will say that 90 % of the time, when someone exits their car without being told to do so, it is usually because there’s something in that car that the driver does not want the Officer to see. AUTOMATIC TICKET in my book for making me figure out what you are up to even if it is nothing. STAY IN THE CAR.

Don’t LIE! If I stop you for doing 90mph on the freeway where the posted speed limit is 65 and you tell me No Officer, what did I do? AUTOMATIC TICKET for insulting my intelligence.

I have to throw in this example:

One night at about 2am, I paced a car on the freeway at over 100mph, weaving in and out of traffic. I stopped the car and the driver PLEADED with me that his wife had just been in a car accident and that he HAD to get to the hospital emergency room immediately. Keep in mind this guy was not a doctor who got called in to do surgery. Little did the guy know that we had just been issued cellular telephones. I called the Hospital ER and guess what? They were sitting around playing cards because it was so slow. They had not had a patient come in for over 4 hours. It got even worse when I called the guy’s house and his wife answered the phone. No she had not been in an accident. No she had not been driving. She had been home all night taking care of their son wondering why her husband was not home 5 hours earlier like he said he would be. I don’t know which look on his face I liked better. The one when I told him that his wife was at home wondering where he had been for 5 hours, or the one when I gave him the ticket for doing 100 mph! You LIE, You SIGN! Simple!

Don’t CRY! Women and girls are really bad when it comes to this. You got stopped for doing something wrong in your car. It is not the end of the world. There is a lot more serious stuff in this world to cry about. Driving is a privilege for mature people. Most the Officers I work with have the feeling that if you are going to make a big show out of being stopped, and then we will give you something to cry about. AUTOMATIC TICKET! The person who is rational and honest with the Officer has a chance at getting a break. The person crying hysterically trying to play off the emotions of a Cop will more than likely end up with something to cry about.

Don’t ARGUE! Don’t argue with the Cop. AUTOMATIC TICKET! The Cop stopped you for a reason. If I see you roll past a stop sign and you tell me “It was not me, that I am crazy, that I need to get my eyes checked, that you have never had a ticket, that it must have been someone else, and that I must be mistaken, guess what. AUTOMATIC TICKET.

In the past, drivers have tactfully explained how it is that they think I may have stopped the wrong car. And guess what folks. Every now and then it happens. If the driver brings up information that leads me to believe that maybe, just maybe I did not see things the way I thought I did, I’ll swallow some pride and tell the driver these very words. Hey, you know what? I could be wrong. I am not sure that I am, but then again you have brought up information that makes me think I could be wrong. If you were the violator, I hope you will take this as your lucky day because if you keep driving in that manner, it is just a matter of time before you get in a collision or get a ticket. If I am wrong I apologize for taking up your time.

Guess what folks. We work double shifts because of overtime, we may be tired, we may have spent most the day in court and then had to come to work, we may have the flu, we may have had a bad sleep day at home. WE MAKE MISTAKES. Maybe not often, but it happens. If the officer is sharp, he or she will swallow some pride and consider what you have to say. IF YOU SAY IT WITH SINCERITY AND HONESTY. If you are sarcastic, rude and confrontational, SIGN ON THE LINE! You can present your innocence in traffic court.

Best way to avoid a problem. Don’t ARGUE WITH THE COP!

Don’t PLEAD or BEG. I don’t know of anyone I work with that will put up with whining. Whether you are a juvenile or adult, whining gets you NOWHERE! If you conduct yourself in a Mature and Rational manner you have a chance of getting a break. We respect that. Beg, Plead or Cry, Kiss your Break GOODBYE!

Don’t EXHIBIT A RUDE, SARCASTIC or THREATENING DEMEANOR.
What’s wrong, donut shop closed?
What are you harassing me for?
Just have to get your Quota huh?
Bet this makes your day, you must feel important now?
Why aren’t you out arresting REAL CRIMINALS?
I’ll see you in Court!
My Lawyer will have fun with you!
I know Chief so and so, he’s not going to be happy about you doing this.
I pay your Salary!
I’ll have your job for this!

I have actually had people say these things to me. And I’m one of the even-tempered guys!

Any of the above responses. AUTOMATIC TICKET!
Act annoyed like we are wasting your time? AUTOMATIC TICKET.
Talk to us in a threatening manner? AUTOMATIC TICKET.
Throw your license or registration at us? AUTOMATIC ticket for as many things as we can find!
Throw the ticket on the ground after you sign it? That does not make me mad, BUT I will cite you for littering just as a reminder for you to act like an adult.

I usually don’t get this from women, and I don’t know why men do it, but the I’m tougher than you thing does not get any credit either. I ask to see your Drivers License and you Instantly ask me Why, I didn’t do anything wrong. What did I do, I demand to know! That kind of unwarranted confrontation is an AUTOMATIC TICKET. That’s the contact that leads up to I’m not signing nothing! I didn’t do anything wrong!

First of all, we are not out to impress anyone. We have nothing to gain from getting into a I’m tougher than you contest on the street. The Cop that stops you better have legal cause to do so. I’ll be more than happy to explain the reason for the stop, AFTER I find out whom I am talking to. You have a legal obligation to present me with your Drivers License, Vehicle Registration, and if asked for it, Proof of Insurance.

The driver that wants to challenge the Cop in a confrontational manner WILL ALWAYS get a ticket. Just for trying to put me in a bad mood! And guess what folks. Per the vehicle code, the person who refuses to sign a ticket (your promise to appear in Court) goes to jail. In essence you are requesting to be taken immediately before a Magistrate by not signing the citation. And usually in this type of case, it is our pleasure to give the driver what they want! I especially enjoy this on a Friday night when the person is held until court Monday morning!

No matter how much you are offended by being pulled over, no matter how right you think you are, No matter how much you may DISLIKE COPS, Don’t show it on the street OR YOU WILL LOSE. Period.

Remember, when you sign the ticket you are not admitting GUILT, but only your promise to appear in Court.

Don’t BLAME THE COP!

You cannot imagine how many people tell me “This is your fault”. Because of you “I’m gonna lose my License!” And guess who tells me this. The kid who has had his license for a year and already has 3 moving violations. The adult who has 10 prior violations for driving like a maniac. C’mon Officer, one more ticket and I lose my license, how can you do that to me?

IF you are a poor driver and have the gall to blame the Cop. AUTOMATIC TICKET!

Don’t:

Don’t Stop Abruptly
Don’t Pull to the left
Don’t move inside your vehicle unexpectedly
Don’t get out of your car
Don’t LIE
Don’t CRY
Don’t ARGUE
Don’t PLEAD OR BEG
Don’t BE RUDE or THREATENING
Don’t BE SARCASTIC
Don’t THROW NAMES AROUND. We will not be impressed.
Don’t BLAME THE COP for YOUR Mistake.

It is like this folks. We don’t have to write you a ticket. If we stop you, it is because of something that YOU did. If you do everything RIGHT, you have an excellent chance of getting off with a warning. We are used to getting a lot of flak from drivers when we stop them. That makes it much easier to write tickets.

It is difficult to write someone a ticket that is Honest, Polite and makes an effort to make our job safer and easier. You are pleasant, you are organized, all your paperwork is ready to show me and you admit you made a mistake. We can live with that. We don’t like to see your Insurance rates go up. They are high enough as it is already.

A traffic stop is an education. We stop you and tell you what we saw you do something wrong. If we think you are receptive to our contact with you and you did everything right as stated above, You could very well GET A BREAK.

There are a few exceptions to the rule. If the driving we see is extremely UNSAFE and RECKLESS, you are going to get a ticket regardless of what you do RIGHT during the stop.

Example:

Speeding tickets. You are usually safe up to 15 miles an hour over the posted speed limit. If I get you on radar doing 40 miles per hour on a residential street and you do everything listed above and I see you have not had a citation on your record in quite some time, I’ll give you a break.

Same scenario above and you have 4 or 5 speeding tickets in the past couple years, I get the idea you have not learned very much from past experience. Sign on the line.

I get you on radar doing 55mph in a posted 25mph zone, You are BUSTED no matter how polite you are. You have no right to jeopardize other people’s safety by driving that fast, and basically, that’s inexcusable.

Stop signs. You pull a California stop coasting about 7-10 mph past the sign without stopping. You do everything right listed above and I see you have not had a citation in awhile, I’ll give you a quick lecture and let you off with a warning.

You blow past that same stop sign at 25-30mph without even slowing down, AUTOMATIC TICKET. That kind of driving is what kills people. The most common response I hear to that is “I didn’t see the sign officer. My response to that is You need to PAY MORE ATTENTION!

Remember what we consider:

The severity of the offense.
Your past driving record.
Your actions during the stop.

The Cop Rule of thumb is this. If you are going to WRITE a CITE, don’t lecture the driver.
If you are not going to write the cite, LECTURE the driver.

Would you rather have a Citation, a Fine and a HUGE increase in insurance rates, Or a LECTURE? A lot of the choice is UP TO YOU!

JL