Anyone who’s been driving for a few years is sure to feel a thrill in their chest when they see the flashing green and red lights in the rearview mirror.
- The police can pull you over for a number of reasons
- You do not need to provide anything other than your name, address and driver’s license if requested
- If you are asked to stay in the car, stay in the car
Being stopped by the police, for whatever reason, can be a daunting and intimidating experience, especially if you haven’t done 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 please also note that you have rights as a road user and you are not required to answer any questions or provide any other information than your name, address and driver’s license delivery. own if requested.
So if you’re stopped at night and they ask where you’re going, you don’t have to answer. Or if you’re asked why you’re driving in a particular way or in a certain direction, you don’t have to answer either.
But what about getting out of the car? Many of us would be inclined to do so, but the general idea is that if you are pulled over, you should stay in your car. You may also want to put it in park or zero, engage the parking brake or handbrake, and maybe even turn off the engine.
If you’re going to be in the car and want to film any interactions with the police for whatever reason (which you’re allowed to do), turning off the engine is a good move. You don’t want to be fined again for using your phone while driving…
Note that in nearly all traffic control situations, your interactions will be recorded, with audio, video, or both.
If you want to get out of your car to discuss the situation with the police, they may ask you to get back into the car, or may even tell you over the car’s loudspeaker to stay in the car before you attempt to get out. outside.
This is probably for the sake of your safety. If you are stopped on a busy road or a major highway, it is reasonable for the police to want to prevent you from walking on that road or too close to it, as a measure of your protection and other road users.
Also, if the police believe you may be under the influence of alcohol, it is theoretically safer to be in a car than walking, drunk, on or near the roadway.
A NSW police officer we spoke to supported that view, telling CarExpert that while every traffic stop is based on individual circumstances, there is no requirement to get in or out of the vehicle.
However, it is best practice for anyone to be towed to stay in the vehicle, in order to keep everyone safe.
The official recounted that people have been hit by other vehicles when getting out of their cars to confront or talk to police, and similarly, there have been police crashes on the roadside.
Furthermore, while there is no legal requirement for someone to stay put and there is no offense against which you can be charged “unless you are on the run”, – staying in Car is always the safest course of action.
They also say drivers who may have done something wrong are more likely to be warned if they interact with officers responsibly and respectfully.
As for the idea of not telling the officer anything other than your name and address, and not answering questions, it’s a matter of personal preference. But this officer tells us that you are “not doing yourself any favors” by being confusing or difficult.
So it’s best to be polite, and if you’re wrong, admitting it can lead to leniency, or at least the police feeling bad after they fine you.
