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What are My Rights if I Get Pulled Over?

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We’ve all been there:  that terrible moment when we see the police lights flashing in our rear-view mirror.  Our heart starts racing and we pray the lights are for someone other than us. Reality sinks in, and we pull over.  It’s a scary and intimidating moment for every driver. So what are your rights if you get pulled over?

Usually when we get pulled over it’s because we’ve committed a moving violation like speeding or running a red light, or we have defective equipment like a broken head-light or a burned out brake-light bulb.  These stops are temporary detainments for a reasonable period of time and are perfectly legal.

Under the Fourth Amendment to the United States Constitution, we are all protected from “unreasonable searches and seizures” of our persons and property.  You might think of your car as a mobile piece of your personal property, so you are entitled to a certain expectation of privacy in your car. But unlike being in your house, when you’re driving a car, this expectation of privacy is slightly diminished.  And so are your legal rights.

During one of these routine traffic stops, a police officer can ascertain your basic identifying information to confirm who you are, that the vehicle is registered, that you have insurance, and that you are licensed to drive.  You do not have to answer any additional questions – but you should be polite in declining to do so.

And never give the officer false information – it will just make things worse!  Under Virginia Code § 19.2-82.1, you can go to jail for up 12 months and be fined up to $2,500.00 for falsely identifying yourself to a police officer.

If the officer asks to search your car, you do not have to consent.  Even if the question is worded in a way that makes you feel like you have no choice, you do.  Just tell the officer, respectfully, that you do not consent to a search of your vehicle.

There are some circumstances where an officer may have probable cause to search your vehicle without your consent, such as where there are drugs in plain view.  Be careful driving and check the equipment on your car before you leave!

If you were charged with a traffic offense and think you may need legal representation, give us a call at (757) 464-9224 or contact us online to set up a free consultation.

Related posts:

  1. Watch Out for School Buses and School Zones
  2. Citizenship Day 2019
  3. Get Peace of Mind with Gardner & Mendoza
  4. One Good Reason You Need to Lawyer Up

Filed Under: Immigration Blog Articles

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Well, hard to believe… job done! I’m frank to admit I had no idea that it would be so involved compared to 10 years ago when I did the renewal myself. Happily I was fortunate enough to find the best people to help get it done this time. When I was a working stiff it was mostly as a field guy in sales & marketing. High tech communication in those days was a pay phone in customers’ lobbies, so someone back in the office skilled in dealing w/problems was absolutely essential when I couldn’t be contacted. Most of those who supported me that way were good at what they did, some were outstanding. None were better than you!! This tedious & sometimes worrisome process would have been unbearable without your keeping it, & me, on track. So we want to extend our thanks to you and Radlyn. Hoping for Gardner & Mendoza to continue the good work for many years to come. - Anonymous
Gardner and Mendoza Law Firm is a great law firm no matter what kind of situation you may be in! For example I had court today, John Gardner, my attorney represented me today and got the charged dismissed totally the first time we both appeared in front of the judge in Virginia Beach Traffic Court. He uses every bit of knowledge he can to help you get the best results!! He also works very well with Latinos! They have a Spanish speaking person in their office at all times!! - Sebastian
My husband and I had a great experience with Mrs. Mendoza. She provided excellent information and a sense of urgency with every step of our immigration process. Her team was always supportive in getting us the information we needed throughout the whole process. This legal firm also treats their clients with the highest levels of respect. In all of Virginia I would say that the Gardener & Mendoza team is the best recommendation for same sex immigration cases and for immigration cases in general. It was a pleasure to work with them. - Anonymous
I Highly Recommend Radlyn Mendoza, An Excellent Immigration Lawyer. My wife and I were very worried about my wife’s immigration and legal status. We were quite impressed with Attorney Mendoza during our initial consultation. She proved to be a smart, knowledgeable, and very capable immigration attorney. She and her staff were very helpful and responsive to all of our requests. Kudos to her and staff, especially Leesa, for successfully handling our case. Thanks for a job well done. - Thomas and Cheong W.
My daughter received a reckless driving ticket going 60 in a 35 mph zone, so understandably, I was very concerned. In court, Mr. Gardner was able to get the reckless driving charge and ticket completely dismissed due to his knowledge of what the police officer had to present in court. Mr. Gardner was a familiar face to the judge and the clerks in the Virginia Beach courthouse. When we contacted John Gardner’s office at Gardner & Mendoza, he and his staff made us feel comfortable by explaining the whole process to us. His track record and the reviews online helped make the decision to choose Mr. Gardner over other attorneys easy. I highly recommend Mr. Gardner. He gave us peace of mind and won the case too! - Michelle

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