Understanding the rights afforded to you during a traffic stop is imperative for any driver in Georgia. You have various rights and responsibilities when being pulled over by the police. For more information and skilled legal counsel, continue reading and speak with a Cobb County criminal lawyer to set up your free consultation.
What Are My Rights During a Traffic Stop in GA?
Getting pulled over can be scary, especially if you are unsure what to say or do. Understanding your legal rights is crucial. The following rights and more are protected by both the United States Constitution and Georgia state laws.
- The right to remain silent: You have the right to remain silent, as in you cannot be compelled to answer questions about where you are going, what you are doing, where you are traveling from, etc. You must identify yourself by presenting your license when asked, but other than that, you do not have to answer any questions or provide information.
- The right to refuse a search: You have the right to refuse consent to a search of your person, vehicle, or other property. A law enforcement officer can only conduct a search or seizure of property with your permission, a valid warrant, or probable cause that evidence of criminal activity can be found. You can politely but firmly state that you do not consent to a search of your belongings.
- The right to record: In Georgia, you have the right to record police officers who are on duty in public spaces. This includes during a traffic stop. You may feel more comfortable knowing that you have the situation committed to film.
- The right to refuse sobriety tests: When you refuse to submit to a breathalyzer during a traffic stop, you can incur legal penalties and have your license suspended. However, if the officer asks you to perform field sobriety tests like the horizontal gaze nystagmus or walk and turn test, you are within your rights to refuse without legal repercussions.
- The right to contact an attorney: You have the right to call an attorney, even during the traffic stop. The officer cannot prevent you from calling your lawyer or listen to your call.
What Are My Obligations During a Traffic Stop?
While understanding your legal rights during a traffic stop is crucial, it is also important to recognize that you have certain responsibilities and obligations as well. You are legally required to present the officer with your driver’s license, registration, and proof of insurance upon request.
You must also comply with any lawful instructions, like stepping out of the vehicle or placing your hands on the steering wheel. Refusing to abide by these instructions can result in legal consequences.
If you have any questions regarding your rights during a police traffic stop, consult with an experienced attorney at Williamson Legal, P.C. today.
