We have handled countless traffic cases over the years and often the outcome of a traffic stop can turn upon the interaction with the police officer making the stop. Suppose you are stopped after going through a traffic signal changing from yellow to red. Most police officers have not made up their minds about whether to charge you when they walk up to your car window. Whether you are charged, and what you are charged with, can depend on you.
In a close case, the officer making the stop can elect not to cite you for any offense, instead giving you an oral or written warning. In our example, the Pennsylvania Motor Vehicle Code provides at least two possible offenses which might cover your conduct: failure to obey a traffic device and failure to stop for a red signal. But there is an important distinction: The former offense, while it carries a fine, imposes no points. The latter offense carries both a fine and three points against your driving record. The arresting officer has discretion as to which offense to charge.
What can we learn from all of this? First, be polite and respectful. The vast majority of police officers are doing their job and are not out to get you. Don’t argue or offer an explanation or justification unless asked to do so. Police officers typically write down anything you say at the scene, and usually, anything they write down will be adverse to your interest.
It seems like common sense but treating the police officer with respect and avoiding confrontation can often mean the difference between a warning and a citation (or a reduced charge instead of a serious charge). While we defend these cases routinely, we would rather see our clients avoid being ticketed at all.
— Kevin Palmer