Anyone who has been driving for a few years will definitely have a fluttering feeling in their chest when they see red and blue lights flashing in the rearview mirror.
- The police can pull you over for a number of reasons
- You don’t need to provide anything other than your name, address and driver’s license if asked
- If you are asked to stay in the car, stay in the car
Being pulled over by the police, for whatever reason, can be a difficult and scary experience, especially if you haven’t worked much with people in the legal profession before.
Whether you’ve been stopped for speeding or stopped for a random breath test (RBT), you should remember that the police are doing their job.
But also remember that you have rights as a road user and you are not required to answer any questions or provide any information other than your name, address and driver’s license. you if requested.
So if you get stopped at night and they ask you where you’re going, you don’t have to answer. Or if you are asked why you drive in a particular way or in a certain direction, you don’t need to answer that question either.
But what about getting out of the car? Many of us have that tendency, but conventional wisdom is that if you get pulled over, you should stay in your car. You may also want to put the car in park or neutral, apply the parking or parking brake, and perhaps even turn off the engine.
If you plan to stay in the car and want to film any interactions with the police for any reason (which you are allowed to), then turning off the engine is a good move. You don’t want to incur another fine for using your phone while driving…
Note that in most traffic control situations, your interactions will be recorded by audio, video, or both.
If you want to get out of the car to discuss the situation with the police, they may ask you to get back in the car or may even ask you over the car’s loudspeaker to stay in the car before you attempt to get out.
This may be for your safety’s benefit. If you are pulled over on the side of a busy road or major highway, it is reasonable for the police to want to stop you from traveling on that road or too close to it, as a means of protecting you and others involved. other traffic.
Additionally, if the police believe you may be drunk, you are theoretically safer in your car than on foot, drunk, on or near the road.
One NSW police officer we spoke to backed that view, saying Car expert that while each traffic stop depends on individual circumstances, there is no requirement to get on or off the vehicle.
However, this is considered the best method for those who have been pulled over and remain in the vehicle to keep everyone safe.
The officer recounted that people have been hit by other vehicles while getting out of their vehicles to confront or confer with police, and similarly, there have been cases of police officers being hit on the side of the road.
Furthermore, although there is no legal requirement for someone to stay behind, and you have no chargeable offense “unless you are running away,” – remaining in your vehicle will always be safest action.
They also say that drivers who may have done wrong are more likely to receive a warning if they interact with police responsibly and respectfully.
As for the idea of not telling the police anything other than your name and address and not answering questions, that’s a matter of personal preference. But this officer told us you “don’t do yourself any favors” by being stupid or difficult.
So it’s best to be polite, and if you’re wrong, admitting it may lead to leniency, or at least the police feeling bad after they ticket you.
