Dallas County Traffic Violations Attorney

Finding The Right Lawyer to Defend Your Rights

Many of us rely on driving to complete everyday tasks. This may include going to the grocery store, dropping our kids off at school or a sports practice, going to work, or simply driving as a calming leisure activity. Since so many of us drive so often, it is not that surprising that there may come a time when we are cited for a traffic violation. Being pulled over for a traffic violation can be a highly nerve-wracking experience, especially if it is your first time. The key to handling a traffic stop is to remain calm and respectful and to avoid any mistakes that could be legal to further trouble. If you have been pulled over for a suspected traffic violation, you must understand how you will need to act as soon as the law enforcement officer steps up to your window.

At the Law Office of Michelle Poblenz, we understand that many individuals cited for traffic violations may be terrified by the prospect of having to converse with a police officer after they allegedly did something wrong while driving. Therefore, it is crucial to understand how you should act if you are ever in the position of getting pulled over for allegedly committing a traffic violation, as acting incorrectly may place you in greater legal liability.

How Should You Act During a Traffic Stop?

Here are some tips to consider if you are ever pulled over by a police officer during a traffic stop:

Do Not Panic

Remaining calm during a traffic stop is extremely important. Being pulled over can make even the most easygoing person nervous, but you must remember that panicking can lead to negative consequences. Firstly, panicking can cause a delay in communication between you and the officer. If the officer needs to communicate something important, such as a reason for pulling you over or requesting identification, a panicked response can delay the interaction and raise suspicion.

Secondly, panicking could lead to a dangerous situation. For example, if you start to move around the car or reach for something without communicating with the officer, it could cause the officer to fear for their safety, which could lead to a hostile situation. In a situation like this, you could potentially end up being physically restricted or handcuffed.

Thirdly, a panicked response is more likely to result in a ticket or arrest. If the officer perceives your demeanor as suspicious or aggressive, they are more likely to write a ticket or take drastic action. Remember, staying calm is not an admission of guilt.

Do Not Argue With the Officer

Becoming aggressive or combative with a police officer during a traffic stop is never a good idea. Doing so can escalate the situation from a minor traffic offense into a significant problem. It is essential to remember that police officers are professionals who are doing their job, and arguing with them is not going to change their decisions about whether to issue a traffic ticket.

When a police officer pulls over a driver, they need to have a specific reason for doing so. The reason could be a minor violation like a broken traffic light or something more serious, such as driving under the influence of alcohol. However, even if you believe that there was no valid reason for a traffic stop, it is essential to cooperate with the officer. Arguing with a police officer can significantly worsen the situation. It could cause the officer to believe you are being disrespectful, belligerent, or even physically aggressive. This can easily lead to an arrest and charges for more severe offenses.

The best way to avoid problems is to cooperate and remain respectful while expressing concern. You should always avoid being confrontational or making accusations against the police officer, as this is likely to make the situation worse. If you believe that an officer did not have a valid reason to stop you or issue a ticket, you can work with an attorney to contest the violation.

Do Not Admit Guilt

During a traffic stop, you should never admit to wrongdoing, regardless of how minor the offense may seem. Admitting guilt can be used against you later in court, and it could lead to harsher penalties in some cases. Of course, you need to be polite, but you should never make any statements that could be used against you later on.

In some cases, you may believe that admitting guilt could encourage the officer to let you go with a warning rather than a ticket. However, this decision could cause major problems in the long run, especially if you did not violate a traffic law. In these situations, your statement could be used in court to establish the admittance of guilt, complicating the legal proceedings and making it more difficult to secure a positive outcome. If you are unsure, it is best to express concern respectfully rather than admit guilt. A personal attack or getting into an argument during the traffic stop is never a good idea, and it could land you in serious trouble.

Do Not Consent to a Search

When pulled over during a traffic stop, you should be sure to understand your rights regarding searches. While the police may ask to search the vehicle, you should only consent if there is a valid legal reason to look inside your vehicle or trunk. There are multiple laws that restrict the police's ability to search a car without a warrant, and by remembering these protections, you can protect yourself against illegal searches. The Fourth Amendment of the United States Constitution very clearly prohibits unlawful searches and seizures, although these protections will not apply if you give an officer permission to search your vehicle. Keeping calm and respectfully asserting your right to privacy and protection under the Fourth Amendment can protect you and prevent unfair treatment by law enforcement.

If a police officer goes ahead and searches your vehicle without permission, you may be able to challenge any evidence found in the search during legal proceedings. An illegal search can lead to any evidence collected being deemed inadmissible in court, which may strengthen your position as you defend against a violation or criminal charge.

Do Not Resist Arrest

When a police officer has a reasonable cause or a valid reason to make an arrest, resisting will not change their decision, and it will lead the officer to treat the situation more sternly, increasing the severity of the situation. Therefore, you should never fight, flee, or otherwise obstruct an officer who is trying to make an arrest. If you are found guilty of resisting arrest, you could face criminal charges, and a conviction may result in a jail term and steep fines. In addition, resisting the arrest may make it more difficult for you to demonstrate that the initial stop was invalid and defend against traffic violations or criminal charges.

If you feel that you have been unfairly detained or arrested, the proper way to defend against improper treatment is to stay compliant during the traffic stop and consult with an experienced attorney to determine your options. Staying compliant will ensure that your attorney will be able to present evidence in your defense and defend your rights in court.

Do Not Drive Away

Never leave the scene of a traffic stop until the officer gives you permission to do so. Driving away from the scene without permission is illegal and will only create additional problems for you. Fleeing an officer is considered an aggressive and threatening act, warranting further investigation and potential criminal charges. Additionally, driving away could put a police officer at risk of being injured, which may provoke the officer to react with force, leading to potential injuries and other consequences.

Do Not Ignore the Ticket

A traffic ticket may seem like a minor inconvenience, but ignoring it can have long-term implications. If you do not respond to a ticket or appear in court when required, you may face harsher consequences. If you skip a traffic court hearing, a bench warrant could be issued for your arrest, leading to detrimental effects on your personal and professional life. Ultimately, ignoring the ticket will only lead to more significant problems.

Do Not Represent Yourself in Court

Representing yourself in traffic court for a ticket or violation may seem like a cost-efficient way of dealing with the issue. However, it is crucial to recognize the importance of working with an experienced traffic violations attorney. Your lawyer will ensure that you understand your rights, develop and implement a defense strategy that makes sense for your case, and offer you emotional and professional support. The laws and procedures involved in traffic court can be complicated and difficult to navigate for someone who is not an attorney.

Contact a Dallas County Traffic Violations Attorney

While traffic violations may not seem like a big deal, it is essential to take them seriously, with the goal of not digging yourself into a deeper hole than you already may be in. Knowing how to act during a traffic stop can greatly impact your situation, and getting legal help from an attorney can help you resolve the matter successfully. At the Law Office of Michelle Poblenz, our distinguished traffic violations attorney is prepared to defend your rights and best interests, ensuring that you can move forward from these issues. Contact our office at 469-845-3031 for a private consultation.