No one enjoys being pulled over by the police. A traffic stop can be inconvenient and stressful. However, knowing your rights and responsibilities during a traffic stop in New Jersey is crucial when you see those lights flashing behind you.
Why Can Police Pull You Over?
In New Jersey, a law enforcement officer can pull you over if they have “reasonable suspicion” that you are violating a law—including a traffic law. For instance, police may stop you if they suspect you are driving under the influence of drugs or alcohol, or if you are driving recklessly.
In order to search your vehicle after stopping you, the officer must have probable cause to believe you are violating the law and that there is evidence or contraband in your vehicle. As you might expect, some of the most common charges arising from traffic stops in New Jersey involve drugs (controlled dangerous substances, or CDS) and weapons. The experienced criminal defense attorneys at William Proetta Criminal Law defend clients on a regular basis charged with crimes after motor vehicle stops, including possession of marijuana, drug paraphernalia, cocaine, heroin, prescription drugs, firearms, and other weapons. Contact us today at (848) 238-2100 for a free consultation about your criminal or traffic charges.
What to Do When You’re Pulled Over in New Jersey
If your vehicle is stopped by a law enforcement officer in New Jersey, the first thing you need to do is put your turn signal on and pull over in a safe spot as quickly as possible. Roll down your window and place your hands on the steering wheel, where they are visible. If it is dark, you may turn your interior light on, but keep your hands on the steering wheel when the officer approaches your vehicle.
Remember to stay in the vehicle unless and until the officer asks you to step outside the vehicle. When the law enforcement officer asks you to produce your license, registration, and proof of insurance, comply with their request.
Throughout the traffic stop, it is important to remain calm and behave in a respectful manner. If the officer asks to search your vehicle, you have the right to decline, if you wish. Depending on the circumstances, the officer may believe they have probable cause to search your vehicle anyway, even without your consent. For example, they may say they detect the odor of marijuana coming from the car-this is considered probable cause. Remain calm through this process.
If you are placed under arrest, invoke your 5th Amendment right to remain silent. When you reach the police station, tell them you want to call a lawyer. If you believe you were treated unfairly or that your rights were violated in any way, our experienced criminal defense lawyers can help defend you against any charges and if possible, file a complaint.
A Few Basic Rules for a New Jersey Traffic Stop
Traffic stops are not always handled in the same manner in New Jersey. The circumstances surrounding the reason for the stop usually determine the police officer’s actions. However, there are some basic rules that you should follow whenever a police officer stops your vehicle in NJ.
- Pull over as soon as you see the lights flashing behind you. Any attempt to drive away could be perceived as eluding police, which is a serious crime in New Jersey.
- Remain calm. You are not guilty of a crime simply because the officer initiated a traffic stop.
- If it is dark outside, turning on your interior light can help assure the officer you are not a threat.
- Place your hands on the steering wheel and keep them there. Do not reach for items in your vehicle because this could be interpreted as a dangerous threat.
- Do not give the officer a reason to search your vehicle. In most cases, an officer does not have reasonable cause to search the vehicle. However, if you act nervous, appear to try to hide something, or throw something out of the window before the stop, the officer may have probable cause to search your vehicle.
- If you have a concealed carry permit, immediately notify the officer of your permit and whether you have a firearm on your person or in your vehicle.
- Provide your driver’s license, vehicle registration, and insurance information to the officer upon request. If you must reach for your wallet, into the glove compartment, or into a purse to retrieve the items, ask the officer before reaching for the items.
- Do not attempt to get out of the vehicle unless instructed by the officer. If the officer instructs you to get out of the vehicle, you should listen carefully to all instructions and follow the instructions. Do not make any sudden moves or place your hands where they cannot be seen clearly.
- Let the officer do most of the talking. Do not interrupt or become combative or argumentative. Officers are trained to allow you to incriminate yourself and they can use any information you provide as probable cause. Therefore, refrain from giving into the urge to defend yourself or explain your actions. Be polite, but exercise your right to remain silent as much as possible.
- If you are arrested, do not resist arrest. You do not want to add any additional charges, such as resisting arrest or hindering apprehension. You will have an opportunity to defend yourself in court.
Your Rights During a Motor Vehicle Stop in NJ
- Although you are not required to answer questions during a traffic stop, it is usually a wise decision to be cooperative. However, as we discussed above, do not give into the urge to provide more information than is necessary.
- By law, you have the right to object to the search of your vehicle or person. However, you should not resist if the officer decides to search the vehicle or your person because that can make matters worse.
- The officers must prove they had probable cause for a search. If probable cause did not exist, any evidence seized cannot be used against you. Our skilled criminal defense attorneys often use lack of probable cause for a search or traffic stop as grounds for a motion to suppress evidence. In other words, if evidence such as a controlled dangerous substance like marijuana, cocaine, or heroin was obtained during an unlawful search, we can argue that it should be deemed inadmissible in court. Without essential evidence, the charges against you may be dismissed.
- If you have been arrested, a very important right is the right to legal counsel. The officers may try to persuade you that you do not need an attorney or that asking for a lawyer makes you appear guilty. Don’t take the bait.
Charged With a Crime After a Traffic Stop in Ocean County?
Remember these dos and don’ts if you are involved in a traffic stop in NJ. Following these tips and remaining calm and respectful can help to protect your rights and keep yourself safe. If after a traffic stop, you believe your rights were violated, you were treated unfairly, or charges were pressed against you, the criminal defense lawyers at William Proetta Criminal Law are here to assist you. Call (848) 238-2100 or contact us online for an absolutely free consultation with an attorney.
With offices in Toms River, we defend clients in Municipal and Superior Courts throughout Ocean County, including in Lacey Township, Manchester, Point Pleasant, Brick, Seaside Heights, and nearby areas.
