A traffic stop usually begins innocently enough, with a polite request for your license and registration. As you hand over the required items, though, you are likely to wonder what other questions you will be asked during this particular stop. You should also be thinking about whether or not you will answer any additional questions, and which questions you will answer.
Law enforcement officers of all types, from the local sheriffs to state troopers, and even Border Patrol have a habit of asking drivers more questions than drivers are required by law to answer. This problem is particularly pronounced in areas near the Mexican border, where excessive questioning is often paired with an aggressive attitude. As you can imagine, this is rather unsettling for drivers, and it can get you into trouble if you do not understand your rights, or if you are afraid to assert them.
In Texas, drivers are required to present three things to a law enforcement officer during a traffic stop. These things are their driver’s license, insurance card, and vehicle registration. Even less is required of passengers, who are not required to provide anything, unless they are being detained for a traffic violation.
Unfortunately, there are no rules regarding what kinds of questions law enforcement officers can ask you. Fortunately, you are not legally obligated to answer every question that you are asked. In fact, you do not have to answer any questions, aside from providing the three items which you are legally required to provide. Border Patrol checkpoints are a little different, because officers have a right to determine immigration status. However, this does not mean that you have to answer any questions in order for them to be able to do that.
Of course, knowing what you are legally required to do and what you have a right to choose to decline to do in response to an officer’s questioning is one thing. Asserting your right to refuse to answer additional questions in a calm and confident manner is another thing entirely. Law enforcement officers are aware that many drivers do not know that they are only legally required to provide three things during a traffic stop. They also know that many drivers and passengers are easily intimidated by authority figures, such as themselves. Therefore, they ask whatever questions they please and expect that drivers and passengers will answer them without so much as a second thought.
Since drivers cannot count on law enforcement to stick to the basics during traffic stops, it is up to drivers to educate themselves about the “rules of the road” regarding questioning during traffic stops, and to plan ahead what they might say in response to an officer’s questions. It’s best to keep it simple, and to speak as calmly and confidently as you can. One of the best phrases to use is “Am I free to go now?” which you can say after your license, registration, and insurance cards have been returned to you.
Traffic stops can be unnerving, because you never know what the officer’s attitude will be like or what questions they will ask you. Knowing your rights and standing up for them could help you to avoid disclosing information that could be used against you later on. If you have been accused of driving under the influence of alcohol, you need the assistance of a knowledgeable Texas DUI Defense Attorney. To learn more, call attorney Alex Tyra today, and schedule a free consultation. We can be reached at (903) 753-7499, or submit a convenient online contact form.
