What are Your Responsibilities During a Traffic Stop in Indiana?
Traffic stops can be stressful and it is not always easy to know what to do. Taking certain actions, such as making too many unnecessary statements to the officer, can hurt your case. However, failing to take certain actions can also impede your case and may even result in additional charges. Although you do have many rights during a traffic stop, you also have certain obligations. Below, our Indianapolis criminal defense lawyer explains what these are.
You are Responsible for Pulling Over
As soon as you see the flashing lights behind you or hear the police siren, you are required to pull your vehicle over to the side of the road, or other safe location off the roadway. You must do this as soon as it is safe to do so. If you fail to pull over immediately, you may face charges of resisting law enforcement using a vehicle, a level 6 felony. The penalties for this offense are between 6 months and 2.5 years in prison. Resisting law enforcement is a stand alone crime. You can be charged with Resisting Law Enforcement even if you were not committing any other offenses at the time the officer tried to stop you.
You Must Provide Identification and Other Documentation
You are responsible for proving to the officer that you have the right to be on the road. This means that when the officer asks for your driver’s license, registration, and proof of insurance, you must provide it. It is generally recommended that you keep your hands on the steering wheel, beginning when you pull over, and during a traffic stop so they remain visible to the police. Before removing your hands from the steering wheel you should tell the officer that you are getting the documents for them and need to go into the glove compartment, wallet, or other area where the paperwork is stored.
You are Required to Exit Your Vehicle, if Asked
Many people think they do not have to comply with an officer’s request to exit their vehicle, but this is not true. If an officer asks you to exit your vehicle, you should do so. You do not need to say anything and exiting does not mean you must comply with all requests, such as field sobriety tests or a request to search.
You Must Submit to a Breath Test
If the officer asks you to take a portable breath test, you are not required to take it. However, under Indiana’s implied consent law, you have already agreed to take a certified chemical test simply by operating a vehicle on Indiana roads. Refusing to take the certified chemical test will result in an immediate automatic suspension of your license for a minimum of 365 days. And if the Officer can obtain a warrant for the certified chemical test, if you test positive, you will be charged criminally. The 1-year refusal suspension is in addition to the suspension you should expect if convicted of operating while intoxicated.
Our Criminal Defense Lawyers in Indianapolis Can Help After a Traffic Stop
If you disagree with a citation or need to defend against criminal charges after a traffic stop, our Indianapolis criminal defense lawyer can help. At Rigney Law, LLC, our experienced attorney can review the facts of the stop, determine if your rights were violated, and if so, take the necessary steps to have evidence excluded and build the strong case you need to protect your freedom. Call us today at 317-623-0989 or contact us online to request a free consultation with our experienced attorney.
Source:
law.justia.com/codes/indiana/title-35/article-44-1/chapter-3/section-35-44-1-3-1/