5 Things to Do (and Not Do) When You’re Pulled Over
Captain Rusty Fincher of the Montgomery County Precinct 1 Constable’s Office has some tips for you
THE WOODLANDS, TX (August 11, 2015) – It seems that in the news every day are stories of simple police procedures gone awry. What used to be the simple process of being pulled over for a traffic violation has turned into a potential powder keg that will dominate the headlines. Rusty Fincher, Captain in Precinct 1 of the Montgomery County Constable’s Office, has five simple tips for drivers who find themselves being followed by a police vehicle with lights flashing.
“While it’s true that police officers are held to a higher standard, and rightfully so, sometimes the sensationalism in the news has members of the general public armchair-quarterbacking every simple traffic stop that makes its way onto television or online,” said Fincher. “When an officer pulls you over for a traffic infraction, he or she has no idea what to expect from you. They have to walk into a situation and be prepared to make split-second decisions based on every move you make.”
Fincher suggests five easy steps that will make a routine stop as painless as possible for all parties involved:
If you see flashing lights or hear a siren behind you, turn on your own emergency flashers and prepare to exit the main road. It may be that the vehicle behind you is responding to an emergency and is needing you to get out of the way; but, in case the lights and siren are meant for your attention, this will alert the office (and other drivers around you) that you are slowing down and possibly changing lanes. Search for a safe location to park your car that is large enough to handle both your vehicle and the peace officer’s. “If there is a driveway or business parking lot within a very short distance, most police officers find it acceptable for you to slowly drive to such a location before stopping your vehicle,” said Fincher.
Immediately upon stopping, turn off your ignition; the police officer needs to feel confident that you aren’t planning a “quick getaway.” Be patient if it takes the officer a few minutes to exit his vehicle and approach yours; he has most likely been running your license plates to see if the vehicle has been involved in any criminal activity. “Immediately roll down your window if you have been pulled over by a marked police car,” said Fincher. “If you have been pulled over by an unmarked police car, the officer will understand if you wait to roll down your window until he approaches your vehicle and shows you his credentials. Under no circumstances should you exit your vehicle before the officer asks you to.”
For the most part, it is called a “routine” traffic stop for a reason; it is a sworn part of the officer’s job to enforce traffic laws, no matter how inane it may seem to you. You may have “only been going 40 in a 35 zone,” but as far as the law is concerned, it is still an offense and the officer has a duty to enforce it. The dialogue between you and the officer should also be routine. Questions asked such as, “Do you know why I pulled you over?” or “Are you aware that your registration has expired?” should be responded to honestly and directly. “I can guarantee you that the officer has heard every possible story and excuse,” said Fincher. “I can also guarantee you that he has no quotas to fill, and that he is not out to ‘get’ you. I believe you’ll find that every single routine traffic stop begins with the officer being polite.” Fincher encourages people who have been pulled over to remain calm and respectful. “Much like anybody else whose job is called into question, it’s a safe bet that he won’t like being asked, ‘Isn’t there any real crime going on?’ from someone who he has pulled over for breaking the law, no matter how minor the infraction might be.”
As part of standard procedure, the police office will most likely ask you for your driver’s license and a copy of your vehicle’s registration and proof of insurance. “Most people keep their insurance card and other documents in their glove compartment,” said Fincher. “When retrieving them, know that the officer has absolutely no idea who you are or what you’re capable of. He has to be ready for the very real possibility that you’ll be reaching for a weapon, or that you’re trying to hide a weapon or illegal substances.” Fincher stresses that common sense and “walking in the other person’s shoes” during this time is paramount, and this is typically the point where a routine traffic stop can quickly escalate. “It’s important for you to not take it personally if he has his hand on or near his weapon while you dig for your wallet or rummage through your glove compartment. If for some reason you don’t have your proof of insurance or other requested documentation, tell the officer and give him an explanation for the missing information.”
Fincher points out that a traffic stop can end as peaceful as – if not more peaceful than – it began. “If the officer issues you a citation, there is no backtracking on it. Sign the citation, take it, and note the date, time and location you’re scheduled to appear to plead your side of the incident.” Once the citation is written, it is irrevocable; there is no amount of arguing or pleading possible that would legally allow the officer to take it back. “Much like every other aspect of a police officer’s job, every decision he makes is based on his best judgment at that precise moment,” said Fincher. “While there are no guarantees, if the routine stop stays routine and respectful all around, it is entirely possible that the officer may use his judgment to only issue a warning. Know that he is under absolutely no obligation to do so, so it’s best to treat it as something that is earned, not expected.”
“Nobody joins a law enforcement agency to simply pass out speeding tickets,” said Fincher. “Every man and woman with a badge joined to enforce laws and protect the innocent. The officer that pulls you over for speeding through a school zone today may be the one who rescues you from a deadly situation tomorrow.”
For more information concerning a peace officer’s duties and your rights, Fincher encourages people to call the Montgomery County Constable’s Office – Precinct 1 at 936-539-7821.
