For many people, getting stopped by the police can be unsettling. People often fear that one little mistake could lead to serious criminal charges, fines and incarceration – costing them their future. A common mistake that many people make during traffic stops is talking to the police.
The police talk to drivers and ask them questions so they can collect evidence. Some common questions that the police could ask during a traffic stop include the following:
- Do you know why you are being pulled over?
- Have you consumed any alcohol?
- Where are you coming from?
- Why are you nervous?
How a driver responds could be used against the driver in court, leading to criminal punishments. Drivers should be aware of their legal rights under the Fifth Amendment to avoid criminal charges. Here is what you should know:
What is the Fifth Amendment?
Under the Fifth Amendment, people have the right to remain silent. This means that drivers can refuse to answer questions asked by the police. They will still need to identify themselves if the officer asks, though.
If the police start asking drivers questions during a traffic stop, the driver can enforce their rights by “pleading the Fifth.” This indicates to the police that the driver is willing to cooperate even if they will not answer any questions.
By “pleading the Fifth,” drivers can avoid self-incriminating comments. These comments can tie a driver to crimes that can lead to criminal punishments.
Following a traffic stop, you may need to reach out for legal guidance to learn about your rights.
