Things to Remember When You Are Stopped by the Police
Things to Remember if You Are Stopped by the Police
Getting pulled over for a traffic violation in Colorado can escalate into a more serious matter if not handled correctly. This guide aims to provide advice for those who find themselves seeing flashing lights in their rearview mirror.
1. When You See a Police Car
If a police car is following you with its sirens blaring or lights flashing, pull over to the right safely and promptly.
Do so in a manner that will help calm the traffic officer. Use your turn signal to indicate any lane changes and slow down gradually, but not so abruptly that the officer has to brake to avoid you. Pull over as far to the right as possible, allowing the officer to approach your window without the risk of being hit by passing vehicles.
Stopping right away is not an admission of guilt; it simply shows that you are attentive to your surroundings. Additionally, stopping quickly can help you remember the exact location where the officer claims you committed a violation, which might be useful if you need to verify the officer’s claims later.
2. Avoid Giving the Officer a Reason to Search Your Vehicle
Typically, an officer cannot search your vehicle without your consent. However, exceptions exist. If the officer sees you hiding something under the seat or throwing something out of the window, this can justify a search. Once the officer is behind you with their spotlight on, they will watch for any suspicious movements. Any sudden lowering of your shoulders can signal that you are trying to hide something, giving the officer cause to search your vehicle.
Additionally, if there are illegal items in plain view, such as open containers of alcohol or drugs, the officer can legally seize them. This can lead to the discovery of more illegal items during the process. If you or a passenger are arrested, the car can also be searched, and if it is towed, an inventory search will be conducted even without suspicion of illegal items.
3. What to Do After You’ve Stopped
After stopping, consider extending some courtesies to the officer. Roll down your window completely, place your hands on the steering wheel, and if it’s dark, turn on your interior light. These actions can ease the officer’s concerns, as traffic stops can be dangerous for them.
Don’t start searching for your license and registration until asked. The officer might think you are reaching for a weapon, which can escalate the situation.
4. Should You Get Out of Your Car Without Being Asked? Generally, No
While an officer can ask you and your passengers to exit the car, it’s often better to stay inside unless asked otherwise. Staying in your car may help you seem less confrontational. Exiting the car might signal to the officer that you intend to contest the ticket, prompting them to take detailed notes for court.
If the officer tells you to stay in the car, comply immediately. Exiting against their instructions can lead to serious misunderstandings, including the officer drawing their weapon.
If the officer believes you are dangerous, they can perform a quick pat-down for weapons. If they find anything suspicious, they can search further. Additionally, the officer’s belief that you might be dangerous can justify a search of the passenger compartment for weapons.
5. Communicating with the Officer
What you say during a stop can significantly impact your case. Officers often decide before approaching your car whether to issue a ticket or a warning. They may seem undecided to extract admissions from you. As such, you need to be mindful that any admission you make can and will be used against you.
Avoid speaking first or making defensive statements. Let the officer start the conversation. They will likely ask for your license and registration. Comply promptly without demanding to know why you were stopped first.
If the officer asks questions like, “Do you know why I stopped you?” or “Do you know how fast you were going?” provide non-committal answers. Saying “No” to the first question or a confident “Yes” to the second without further elaboration is best. Do not argue if the officer tells you what you allegedly did wrong. Respond with a neutral “I understand” or remain silent, as silence is not an admission of guilt and cannot be used against you in court.
If you have questions, please contact our law firm.
Types of Traffic tickets in Colorado
In Colorado, traffic tickets are typically divided into two main categories: traffic infractions and traffic offenses. While both types involve violations of traffic laws, they differ significantly in terms of severity, potential penalties, and how they are resolved.
Traffic Infractions
Traffic infractions are issued for most minor traffic violations in Colorado. These include common issues like unsafe lane changes, speeding (up to 24 miles per hour over the limit, depending on the jurisdiction), and failing to obey traffic signals.
Under Colorado law, traffic infractions are further divided into two classes: Class A and Class B. Although there are distinctions between them, such as the severity of the violations and the consequences, the process for handling them is similar. Class B infractions are usually for the least severe offenses and typically don't have points applied to your driver’s license.
Both Class A and Class B traffic infractions are considered civil matters rather than criminal. The penalties typically include fines and court costs, with Class A infractions also potentially leading to points on your license, which are reported to the Colorado Department of Revenue's Division of Motor Vehicles.
For most traffic infractions, the officer will issue a Penalty Assessment Notice, which allows you to plead guilty and pay the fine by mail. This notice often includes an offer to automatically reduce the points on your record if you pay before the deadline provided on the Notice. However, if you choose to contest the infraction, you can do so in court. The process is expedited compared to criminal cases, and you won’t have the right to a jury trial. Additionally, discovery (the right to see the evidence against you) is often limited.
Traffic Offenses
Traffic offenses are more serious and are treated as criminal matters in Colorado. These include violations such as driving without a valid license, careless driving, and speeding more than 24 miles per hour over the limit.
Traffic offenses are categorized into two types of misdemeanors: Class 2 and Class 1. Class 2 misdemeanor traffic offenses can result in up to 90 days in jail and fines up to $300, plus additional court costs and surcharges. Class 1 misdemeanors are more severe, with potential penalties including up to one year in jail and fines up to $1,000.
In some cases, a Penalty Assessment Notice may be issued for minor offenses, similar to traffic infractions, allowing for payment by mail. However, more serious offenses may require a court appearance or, in some cases, an arrest, necessitating bail.
In Colorado, the prosecution of traffic offenses usually involves the district attorney or city attorney. In these cases, individuals may be entitled to discovery and can request a jury trial.
Serious Misdemeanors and Felonies
More severe traffic-related offenses, such as DUI (Driving Under the Influence of Alcohol or Drugs), are classified as criminal misdemeanors in Colorado, ranging from Class 1 to Class 3, with Class 1 being the most serious.
Felony traffic offenses are the most serious and usually involve intentional actions that result in significant harm. Examples include leaving the scene of an accident involving serious injury, driving with a revoked license as a habitual offender under aggravating circumstances, or reckless driving that leads to someone's death. These are very serious circumstances and you will want to speak with an attorney regarding your rights and options.
Legal Disclaimer
The information provided here is not legal advice but general information about Colorado law. It does not cover all aspects or nuances of traffic violations or your case and is not intended to be comprehensive or taken as legal advice. For specific legal situations, consult with an experienced Colorado criminal lawyer.