When driving in the Commonwealth of Pennsylvania, seeing flashing red and blue lights in your rearview mirror is enough to make anyone feel nervous. Knowing what to do beforehand could help you handle this situation properly.  It is important to know there are several ways to protect yourself, so a routine traffic stop does not turn into something more.

Pull Over as Soon as Possible

As soon as possible after you hear the sirens and see the flashing lights behind you, you must pull over. If it is not safe to pull over immediately, turn on your hazard lights to indicate to the police that you plan to pull over as soon as it is safe to do so. Otherwise, you may be charged with fleeing and eluding from the police.  As soon as it is safe, you should quickly flip on your turn signal to change lanes and pull to the side of the road.

Roll Down Your Window All the Way

In the Commonwealth of Pennsylvania, it is not required to roll down your window, though it is highly recommend you do. Not only does this help communication, but rolling down your window all the way should put the officer(s) at ease and shows them you have nothing to hide.  Additionally, if the police officer asks you to roll your window down, you should do so to comply with the officer.

Keep Your Hands on the Steering Wheel

Police officers face many dangers during traffic stops. Keeping your hands where they can see them indicates that you're not threatening their safety. 

Let the Police Officer Speak First

Wait until the officer asks you any questions before you speak.  Generally, the officer initiating the traffic stop will usually ask for your license and registration first. Many people make the mistake of asking what they did wrong before complying. This can be considered hostility by the officer.  The best practice is to to simply hand over your documents and stay quiet.  Additionally, all of your documents relating to your car should be organized and easy to find so that you are not fumbling around looking for them during the traffic stop.

The Commonwealth of Pennsylvania is not a stop and ID state. If you are stopped by police or arrested, you may choose to show ID when police ask for it.  However, if you choose not to show ID, you could be detained for a longer time while Pennsylvania police attempt to identify you.

Answering Questions

You should answer certain questions the officer asks you, such as your name. However, you do not have to answer any question that may incriminate you. For example, if the officer suspects you of DUI, they may ask you how much you have had to drink. You are under no obligation to tell them. For the most part, it is generally wise not to say anything at all.  While you might have to give officers your name if they ask, you should inform the officer out loud that you'd like to exercise your right to remain silent.

A Search of Your Vehicle

The police officer that pulls you over may ask for your permission to search the vehicle. DO NOT GIVE CONSENT. Police can only search your vehicle if they have your consent, or have a search warrant. If they search your vehicle when they do not meet these requirements, the search is illegal and any evidence obtained against you will be thrown out and considered inadmissible in your case.

Testing

If the officer suspects you of a DUI, they may ask you to submit to either a chemical test or a field sobriety test. You are NOT required to submit to a field sobriety test and there are no consequences for refusing.  Additionally, you do NOT have to consent to a Portable/Preliminary Breath Test (PBT) at the scene of the traffic stop.  You can refuse a PBT without penalty.  However, the law DOES require you to submit to a chemical test, such as a breath or blood test at a hospital or police station. If you refuse, your driver's license will be automatically suspended by PennDot for a one (1) year period.

Passengers Might Have the Right to Leave

If you have passengers in the car at the time of the traffic stop, they might be able to leave. The passenger should politely ask the officer if they are under arrest. If the officer says the passenger is not under arrest, they may ask if they can leave the scene.

Contact Us Today

If you or a loved one are facing criminal charges, call Sklarosky Law today at (570) 283-1200 or use our online contact form and tell us about your potential case. Criminal charges can have life altering ramifications. Do not wait, call us today so that we can help ensure that your rights are protected.