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Turner Law

Criminal Defense Attorney

Fight Back.
Call 619-436-4502

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Do you have to answer a police officer’s questions during a traffic stop? 

On Behalf of Turner Law | Jul 12, 2023 | DUI Defense |

When a police officer pulls you over, they may have many questions for you. Examples of these include:

  • Where are you going tonight? 
  • Where are you coming from?
  • Do you know how fast you were driving? 
  • Have you had anything to drink? 

The officer may be frustrated if you don’t answer these questions, and it may be heavily implied that you need to answer. But do you? Are you legally obligated to provide the officer with the information they want?

The right to remain silent is still an option

As a general rule, the answer is no. You do not have to answer these types of questions, and it may actually be better not to. The officer is likely hoping that you will say something that will incriminate yourself. Perhaps they’re trying to get you to admit to drinking and driving, for example, or to knowingly breaking the speed limit.

While there are some cases in which the court can order you to answer questions, a police officer does not have this ability. You have the right to remain silent. You should simply politely inform the officer that you would like to avoid all questions unless your legal team is present.

One important thing to note, however, is that the officer may ask you for things like your driver’s license, your registration for the vehicle and a copy of your insurance paperwork. You do need to provide these things because they are required by law for anyone who is driving a motor vehicle. So you do have to interact with the officer and identify yourself, but you don’t have to answer any questions beyond that.

If you do get arrested, then it is incredibly important to look into all of your defense options. This is especially true if you believe the police may have violated your rights in some way during that arrest.

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