We have handled a fair number of traffic cases, and a common thread we see is that the outcome of a traffic stop can depend heavily on the interaction with the police officer making the stop. Suppose you are stopped after going through a traffic signal changing from yellow to red. Human nature being what it is, 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 choose not to charge you with any offense, instead giving you an oral or written warning. In our example, the Vehicle Code provides 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. The arresting officer has discretion as to which offense to charge.
What can we learn from all of this? First, be polite and deferential. 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. 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 cited in the first instance.
In a close case, the officer making the stop can choose not to charge you with any offense, instead giving you an oral or written warning. In our example, the Vehicle Code provides 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. The arresting officer has discretion as to which offense to charge.
What can we learn from all of this? First, be polite and deferential. 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. 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 cited in the first instance.
– Curt Ward