Legal Questions? / Legal Answers!
You've Just Been Pulled Over, Now What?
"Your driving down the road listening
to the stereo and all of a sudden the sound
of sirens fill the air and there are blue
lights reflecting in your rear view mirror.
Your being pulled over by the Police. First
time? Well, it happens to us all at one time
or another. That feeling of "what did
I do now." starts to creep up on you
and your not quiet sure what is going to
happen next."
"You can take a deep breath and relax."
Pull over to the side of the road, turn off
your engine.... and stay in your vehicle! The Officer does not know who you are or
what you may be capable of. In their minds
you could be a convicted criminal, an escaped
prisoner, or someone out on a drunk or drug
induced ride. If you open that door, chances
are you'll hear the Officer come across the
speaker telling you to "stay in your
vehicle!"
You should also know that if you reach under
your seat, throw anything out the window,
or move in anyway that may look like your
hiding something, the Officer will see it.
They are watching your every move the minute
they make contact with you.
When the Officer approaches your vehicle
they will tell you why you were stopped and
ask for your license, registration, and proof
of insurance. They may have already checked
your license plate number, which gives them
some information before they pull you over.
Who the vehicle is registered to, Address,
City and State. If there is an "all
points" listed on the vehicle's plate
number. All of these answers help the Officer
determine if they may be in danger of approaching
your vehicle. They also may ask "Have
you had anything to drink tonight?"
If there is even a hint of alcohol on your
breath, you will probably be asked to do
some field sobriety tests. If the answer
is no, you haven't the Officer will probably
go back to his cruiser, check to insure your
license and registration are valid. Then,
write you a summons for the offense they
had stopped you for. If the Officer determines
you didn't really mean to do the infraction,
( loud exhaust, an expired sticker, your
registration just expired ) They might give
you a written warning. This gives you a certain
number of days to get the infraction fixed.
If the stop was for a traffic infraction,
you may be able to send in payment for the
fine imposed. That will mean you plead guilty
to the offense but you do not have to go
to court.
If the infraction requires you to go to court,
you will be given a time and date to do so.
see First Court Appearance, Court Protocol
"Now, for those who have been pulled
over more than once, the deep breath and
relax statement may not work."
You always wonder if that ticket you paid
is in the system. Was there a fine you didn't
pay? What will the Officer find when they
run your name?
If you failed to pay a fine, you will probably
find that there is a warrant issued for your
arrest. The Officer will arrest you, throw
you in jail and you will have to bail yourself
out. see What Does A Bail Commissioner Do?" If you do not have a licensed driver, your
vehicle will also be towed.
If you have paid a fine, but the Officer
comes back and tells you that the system
doesn't show that, they will still arrest
you. I suggest to everyone to keep a receipt
of your paid fine in your vehicle, right
next to your registration and insurance card.
You may be able to convince the Officer that
the fine was indeed paid by showing the receipt.
But I have to tell you, that might not be
enough. If there is a warrant for your arrest
because of your "paid" fine, you
will probably be arrested anyway. The warrant
was issued by a Judge and the Officer cannot
go against that warrant. They no doubt will
tell you to take that receipt into court
with you and the warrant will be thrown out.
But that's not going to help you now is it?
So what good does showing the Officer the
receipt? Well, they may have some sympathy
for you. If there is no licensed driver,
they may allow you to call one to drive your
car instead of towing it. Maybe they will
allow you to put it in a parking lot nearby?
They might be able to get the "system"
moving a bit faster to get you released.
They know the system isn't perfect. If the
receipt says it's been paid, I am sure they
believe it.
"This actually happened to me. I was
able to show the receipt and the Officer
felt bad that he had to arrest me. So didn't
I. But I didn't get upset. The Officer allowed
me to call a friend to drive my car and I
was placed in the front seat of the State
Police cruiser while he drove me to the jail.
Once there, he told the desk clerk of my
situation. I was allowed to sit on the bench
next to the desk clerk, instead of being
placed in a holding cell with a bunch of
other arrested people. I was also allowed
to make my phone call quickly. I was bailed
out for the price of the paid fine, and the
bail commissioner fee's. My friend driving
my car had followed me to the jail and was
outside waiting for me. I went into court
and showed my paid receipt.to the District
Attorney and the Judge. I received my money
back, but not the bail commissioner's fee."
My Final Thought
"Remember, if you are pulled over and arrested for a fine that you had paid, keep your cool! The Officer can understand that your going to be upset. But it is not their fault either. Don't get an attitude toward them. You may find that you get some "help" in your plight... from the Officer."
If you would like to comment feel free to e-mail me at
s-tracy@hotmail.com