Your Rights During a Georgia Traffic Stop
Even if you believe you’ve done nothing wrong, a traffic stop is a stressful event. Like every state, Georgia affords you with certain legal rights that are designed to protect you during a detention. Knowing what these are can help you stay calm, focused, and avoid escalating the matter. This will protect you if charges are filed later. In this article, the Smyrna, GA, criminal defense lawyers at Andrew L. Schwartz, P.C. will discuss your rights during a traffic stop, and how to exercise them.
The right to remain silent
Among the most important rights you are afforded is the right to remain silent. Other than providing your name, driver’s license, registration, and proof of insurance, you are never required to answer questions about where you are coming from, where you are going, or whether or not you’ve had anything to drink. Anything you say can and will be used against you in a court of law, so it’s generally best to politely decline to answer any questions beyond your legal obligations.
The right to refuse searches
It happens often that an officer on a routine traffic stop will ask you if they can search your vehicle. In Georgia, you are not required to consent to a search unless the officer has either probable cause or a search warrant. Politely stating, “I do not consent to a search,” is completely within your rights and can protect you later in court. If the officer proceeds to search your car anyway, your attorney can challenge the legality of the search and, by extension, any evidence uncovered during the search.
Knowing your rights matters
Traffic stops are among the most common ways that people come into contact with law enforcement. A simple speeding stop can quickly escalate into more serious charges if you don’t understand your rights. By staying calm, providing the required documents, and politely asserting your constitutional protections, you put yourself in the best position to fight the charges later with the help of an experienced criminal defense lawyer.
When to ask for an attorney
If the traffic stop leads to questioning beyond basic identification or you’ve been arrested, you have the right to request an attorney’s presence before you answer any further questions. You should clearly state, “I would like to speak with an attorney.” Once you invoke this right, questioning should stop until your lawyer is present.
Talk to a Cobb County, GA, Criminal Defense Lawyer Today
Andrew L. Schwartz, P.C., represents the interests of those who are facing DUI and drug possession charges in Cobb County. Call our Cobb County criminal defense lawyers today to schedule an appointment, and we can begin discussing your next steps right away.
