PULLED OVER BY THE POLICE??

        Picture this - Your driving on Route 684, radio blaring your favorite tunes when you notice in your rear view mirror Johnny Law with his red and blue lights flashing and siren blaring.   

        Your heart starts pounding, your mind starts racing and you feel a bead of sweat on your brow.  What do I do now?   Do not Panic !!!  Your goal is to remain calm and collected, not to upset the officer, to be courteous and considerate and not to admit that you were just violating the law.  

        The following are a few tips which will make the stop as painless as possible, will put the officer at ease, will provide you with a chance to walk away from the incident without a ticket or at least not make the situation worse.    


You See The Flashing Lights in York Mirror, What Next?

        Pull your car over to the right of the road way.  If it is a multiple lane highway, put you blinker on, check to make sure it is safe to change lanes and proceed over to the right side of the roadway slowing your vehicle's rate of speed as you pull over.  Remember to pull your vehicle as far right as possible so when the officer does walk up to your window, he/she will not be exposed to moving traffic.  When your vehicle has come to a complete stop, put your car in park and turn off your engine.  


Now that you are stopped in a safe location with your engine off, what next?

        DON'T

        Your initial instinct will be to reach for your wallet whether it be in your purse or back pocket to retrieve your license - and because your seatbelt restricts you from retrieving your wallet, you unfasten your seatbelt.  Then you reach for the glove compartment to sift through the last 10 years of insurance cards to have your insurance card and registration ready for the officer.  While your at it, maybe even jump out of the car to bring the documents to the officer so the officer doesn't have to work too hard  -  Right?  Wrong.   

        Any sudden movements will heighten the tension of the officer. Remember the officer is directly behind you.  The officer can see your silhouette.   From the officer's perspective your sudden movements to open the glove compartment may cause the officer alarm in that you may be hiding contraband or reaching for a weapon either of which make the officer uncomfortable and may be grounds to get your vehicle searched.  

        DO

         If it is dark out turn on your interior lights so the officer can see the occupants in the vehicle.  Do not unfasten your seatbelt (cause for another ticket).  Turn your radio off.  Roll your window down all the way.  Place both hands at 10:00 and 2:00 on the steering wheel where they can be seen by the officer.  All of these things will tend to allay any fear the officer has regarding the stop.  Additionally, the officer will most likely appreciate your understanding of the situation and your regard for his safety.   Remember  -  police officers are injured and/or killed everyday in traffic stops. 


OK, my car is stopped, interior light on, window completely open and my hand are on the steering wheel where the officer can see them.  What next?

        If you have followed the pointers above, the officer should be at ease or at least not pissed off at you already.    

        To Speak or not to Speak -  That is the Question.   What is the statement you have heard on you favorite Police drama??  Goes something like  "anything you say may be used against you"  - well it can and it will so don't speak unless asked a question by the officer.  

        DON'T

        Demand to know the reason why you were stopped in a critical tone

        Don't argue with the officer as to the rate of your speed, or the fact that your car is so old it cant go over 55, or your disgust over the traffic laws.

         Avoid responding "Why did you stop me? Don't you have criminals to catch?" or "Whats the matter officer the Donut shop closed"  or  "Hold on a second, I need to take this call."  Anyone of these responses will ensure summonses for violations that you never knew existed.  

        DO

        Be courteous.  At this point, you have nothing to lose and maybe something to gain.  Remember, the officer has not yet written the ticket and a little courtesy goes a long way.  I have spoken to numerous officers over the years and if a motorist is nasty or belligerent, not only will the motorist receive a ticket (or tickets), but the officer will make a note of the driver's bad attitude on the back side of the original ticket.  When the motorist appears in Court, before considering a reduction in the charge, the officer will check the back of the original summons for his notes.  A nasty comment is a sure way to hinder a good resolution of the ticket.     

        When asked questions, answer questions succinctly in a courteous tone.  Most likely the officer will initially just request a copy of your license and registration.  Simple response like "yes sure"  is all you need.  The officer is also evaluating your demeanor, observing your speech and movements for signs of sobriety.  

        The officer might ask a question where the answer may reveal guilt - like  "Do you know why I stopped you"? or "Do you know how fast you were going?"  Again your answers to these types of questions should be non-committal.  Answers to these questions may be used against you as admissions of guilt.  Be careful how you answer.  I am not an advocate of lying, just of not admitting guilt. 


Conclusion

        If you pulled over to a safe spot, turned on  your interior lights, kept your hands where the officer could see them, had your documents in order and were courteous to the officer  - You may just hear the magical words "Alright I am going to let you go with a warning  -  the speed limit is 55 - please observe it" To which you politely respond "Thank you very much officer." 

        If you receive a traffic ticket anyway  -   CONTACT ME!!!


WHAT TO DO IF YOU ARE IN AN ACCIDENT 

        Picture this  -  You are sitting at a traffic light waiting for the light to turn green when out of nowhere you hear what sounds like an explosion, your body is thrown forward and your mind cannot comprehend what is happening.  Your consciousness is altered.  A few seconds pass and the realization sets in that you have just been in a car accident.

        OK  I hope you never have to use the information that is contained in this topic, but unfortunately accidents happen.  If you are in an accident, here are a few pointers that will help you protect your rights.  

        1.    Attempt to remain calm.

        2.   Check for injuries to yourself and passengers.  Any sign of injury, even if you are not sure, call an ambulance.  

        3.   If the accident is a minor fender bender and there is no apparent injury, put your vehicles hazard lights on and attempt to move your vehicle to the right to the side of the road out of traffic.  

        4.    Call the Police even if you think the accident is minor.  Your initial instinct where the accident is minor may be to exchange information and move on with your day.  However, waiting for the police will most likely safe you a lot of time and headaches in the long run.  At this point the other driver may acknowledge  their wrongdoing to you and the officer given the proximity in time to the accident, location of the accident, location of the damage on both vehicles and your version of the events.  The other driver may not be so forthcoming a week later.  Additionally, the police officer should document important information that you will need, check to make sure all paperwork is valid, and may even indicate who was at fault in the accident on the police report.  

        5.   If there are any persons  that may have seen the accident, write down the name and contact information.  

        6.   Write down the police officer's name, name of police department or precinct number and ask the officer for the reference number so you can obtain a copy of the official report at a later date.  

        7.    While the officer should get all of the important information regarding the accident, it is still important that you obtain all of the relevant information yourself.  It may take a few days to obtain a copy of the official police report and you may need the information in the interim.   Ask the other driver to see a copy of his/her license, registration and insurance card.  Write down the make and model of the other vehicle, license plate number, name and address of other driver, name of insurance company, name on the insurance card, insurance policy number, vehicle identification number, and name on the registration.  If the name on the registration and/or the insurance card are different from the name of the driver ask the other driver his/her relationship to the registered owner.  Write this information down.   

        8.   Take photographs of the damage to your vehicle and the other vehicle.  Most cell phones are equipped with cameras these days.  Use it.  If you do not have a cell phone camera keep a portable camera in your glove box.  Photographs speak a thousand words.  

        9.    While the events are still fresh you should write down you version of the events, including the date and time that the accident occurred; lighting conditions at the time of the accident; the weather conditions i.e. raining, foggy, freezing rain; road conditions - wet dry etc.  Name of the  Cross street (if one) or landmark that will help refresh your recollection as to the location of the accident.   

        10.    Contact an attorney - preferably me.  Certain documentation must be filed as early as 10 days following an accident.  Additionally, in order to qualify for certain benefits under New York's No Fault provisions, certain documentation must be filed within 30 days or else you may lose you right to have you medical expenses paid, your lost wages paid and other benefits which New York Law provides for.  

        11.    Lastly and most importantly, make sure you are OK.  If you felt fine at the accident scene and didn't feel the need to see a doctor, and later that afternoon, evening or next morning feel pain do yourself a favor, go see your doctor or go to an emergency room. 







ATTORNEY ADVERTISING