1-800-PRO-LAW1
By Mitch Proner
Let's begin with some trivia:
Say you are pulled over by a cop. How would you respond to this cop?
A) Yelling "what'dya want?" through his window as you make a run for it
B) The first thing you say is "I got rights"
C) You don't say a word but continue to tap your "ball peen" hammer on the side of your leg
D) On hands and knees
If you chose A, B, or C you most likely have a big ticket and may even spend the night in jail. D isn't a great answer although the cop might like to see you grovel.
So the real question is how can you handle a traffic stop without leaving with a huge ticket or worse? The first thing to remember is that you should not volunteer any unnecessary information. Realize who you are dealing with and what they respond to. Cops sometimes respond well to courtesy and respect, so humor him and save your cash. When a cop makes a traffic stop he already knows why he pulled you over and, unless you are the subject of selective enforcement, you probably know too. If you are the subject of selective enforcement, remember you do not have to consent to an unreasonable search. If the cop asks why can't he search you if you have nothing to hide, wave the flag. Tell him this is America. If you are going to spend the night in jail anyway, don't give up anything your attorney may have to protect you. If you waive your rights, you lose them. On the other hand, there is a chance he hasn't made up his mind yet if he will write you a ticket or let you off. Invariably the first words out of his mouth will be "license and registration" (or a snide comment regarding your actions). This is where you can show some respect and courtesy and try to slide out of a ticket. To do this you could ask if it is ok if you reach into your pocket, jacket, or saddlebags to get your documents. He may have made some assumptions about you and by asking permission you show him that you respect him and his safety.
When you hand over the documents you should use this time for two things. First to mention if you have any connections such as a friend or relative who is a cop, or if you support a local department. You should mention it in a manner that is submissive but not boastful. This is also the time to ask nicely for the reason you were pulled over and to plead your case. Even if he insists on giving you a ticket he might be able to lower the charge. This way, when you go to court (as you should always do) and the DA offers you a plea to a lower charge you will have managed to lower your ticket twice or even get it dismissed. Now, if the cop won't help you out, and writes the ticket for the original or a greater offense, don't get belligerent or angry. You will see him again in court and if he remembers you as being confrontational he may become more zealous for the prosecution. Alternatively, if he remembers you as being courteous and respectful he probably won't object to your case being tossed or lessened.
In traffic court depending on the state where you get ticketed, there is often no right to trial by jury. The judge who probably knows the cop decides who he believes. In a personal injury action, for example, you do have a right to trial by jury and an experienced lawyer can sometimes help you to bring out the officer's potential bias against motorcyclists. If you are trying to get out of paying a traffic ticket, courtesy may or may not help but probably won't hurt. In a personal injury case, get a lawyer who is experienced in motorcycle cases as soon as possible.
If you have questions about your rights as a motorcyclist or need legal advice in a personal injury matter, please contact us at 1-800-PROLAW1.
— Mitch Proner.
Mitch Proner
Proner & Proner
1-800-PROLAW1