What Are Your Legal Rights During a Delaware Traffic Stop?
Getting pulled over by the police is a frightening experience. But the Constitution assures that you have specific rights during a traffic stop that protects you from government overreach. It’s important that you know what these rights are and how to exercise them. In this article, the Wilmington, DE, criminal defense lawyers at the Law Office of Michael W. Modica will discuss the rights and what you should do if you’re stopped by police.
Reasonable suspicion required for a traffic stop
The police cannot pull you over unless they have a reasonable suspicion that you’ve violated a traffic law or some other law. The officer must have a “reasonable suspicion” that a traffic law has been violated or that you’ve committed some form of crime to initiate the traffic stop. If the officer cannot articulate why they’ve pulled you over, you may be able to get any evidence they find during the traffic stop thrown out.
You are required by law to identify yourself, providing your name and address to the officer upon request. You will also need to provide your vehicle registration and proof of insurance.
Right to remain silent
You’re not obligated to answer any question that the officer asks. You do have to supply your driver’s license, however. You have the right to remain silent during the traffic stop and do not have to answer questions that could incriminate you, such as whether you’ve been drinking or where you’re going. You should explicitly state to the officer that you are invoking your right to remain silent.
Right to an attorney (after you’ve been arrested)
Once you’ve been arrested, a new right is triggered. You have the right to have an attorney present with you before the police begin questioning you. If you can’t afford an attorney, one can be appointed for you.
Refusing searches
If the officer asks you if they can search your car, you have the right to refuse. However, police can search your car without your consent or a warrant if they have probable cause or believe it’s necessary to maintain their safety. If an officer searches your vehicle without your consent, you should clearly state that you don’t consent to the search to preserve your legal rights.
Refusing field sobriety tests or a roadside breathalyzer
Despite popular belief, you can refuse to take a roadside breathalyzer or a field sobriety test without facing implied consent penalties. However, this refusal can be used against you as evidence in a court of law. In court, law enforcement can allege that this implies consciousness of your guilt.
If you’re arrested for DUI in Delaware, the law states that you have already given consent to be chemically tested for breath, blood, or urine to determine your Blood Alcohol Content (BAC). You cannot refuse these tests without consequences. Your license will be suspended if you refuse a chemical test subsequent to your arrest, even if you’re not ultimately convicted of DUI.
Talk to a Wilmington, DE, Criminal Defense Lawyer Today
The Law Office of Michael W. Modica represents the interests of Delaware residents who are facing criminal charges. Call our Wilmington criminal defense lawyers today to schedule an appointment, and we can begin preparing your defense right away.
