When stopped for a traffic infraction, must I engage in conversation with the officer?

Asked 12 months ago - Yakima, WA

When stopped for a traffic infraction, can I hand the officer my license, registration, and proof of insurance, along with a printed card stating 1)"I will not answer any of your questions without an attorney present" 2) "I do not consent to searches", and 3) "please let me know when I am free to go", and then remain silent for the remainder of the stop? I understand that this may annoy the officer, and that is not my intent. I have found in the past that engaging in conversation with the officer leads to additional delays. I have had them request to search my vehicle, made to wait while dogs sniff around the vehicle, and basically made to feel like I am a criminal because I would not consent to have the vehicle searched. I have a clean record, and have never been charged with a crime.

Attorney answers (3)

  1. Vitaliy Kertchen

    Contributor Level 15

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    Answered . This is the best way to handle traffic stops. You will get a ticket every single time, but you're better of contesting the ticket in front of a judge later anyway. Make sure that your card specifically says that you're invoking your Fifth Amendment right to remain silent. The words "Fifth Amendment" must be used, otherwise your silence may be used against you according to recent Supreme Court precedent.

  2. Scott Weymouth Lawrence

    Pro

    Contributor Level 17

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    Answered . Yes. This exactly how you should handle any traffic stop. All you are required to do is present your license, registration and insurance. You do not need to talk to the officer, BUT you should not do anything to hinder or obstruct your arrest in any way. This includes exiting the vehicle and complying with any directions by the officer.

    Scott W Lawrence
    (425) 488-8481 (Office Phone)

  3. Mikolaj Tytus Tempski

    Contributor Level 9

    2

    Lawyers agree

    Answered . This is an acceptable way to handle the situation.

    Just so you know, while it is not your intent to do so, this will likely annoy the officer.

    My answers to questions are for general purposes only and do not constitute legal advice or establish any attorney-... more

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