Traffic Stop Laws

Traffic stops often involve minor violations such as speeding or running a red light. However, every encounter with police is a potential criminal law matter.

As a driver, there's a strong chance that law enforcement will pull you over at least once in your life. Even if you generally drive safely, you could still run into police at a checkpoint or speed trap.

Drivers and their passengers should understand how to navigate being pulled over, including how to use the right against unlawful search and seizure.

FindLaw's overview of traffic stops covers everything you need to know about traffic laws and stops, including:

  • What to do and not to do if stopped by law enforcement
  • Vehicle searches and seizures
  • Understanding your rights and options for fighting a traffic ticket
  • Driver's license, liability insurance, and vehicle registration laws
  • State directories of traffic laws and Department of Motor Vehicle (DMV) offices

A Brief History of Traffic Laws

Motor vehicles were a novelty to most when first introduced at the turn of the 20th century, so they followed the rules established for horse-drawn wagons and carriages. It didn't take long for cars to become popular and dangerous, prompting the state of New York to require owners to register their vehicles in 1901. In 1910, New York introduced the first prohibition on driving while intoxicated.

Other states followed suit, and by 1920, all states required license plates for vehicles. Most states required driver's licenses by 1935, but only a few of them tested drivers before issuing them.

Safety equipment like seat belts emerged in the 1950s and 60s. Later, states began to require the use of seat belts in the 80s, and airbags soon followed. In recent years states have rolled out distracted driving laws, which restrict motorists from using cell phones and other wireless devices while driving.

Many of the traffic control devices we see today, like stop signs and pedestrian crosswalks, were suggested in William Eno's 1903 book, "Rules of the Road." He also advocated for several traffic regulations we use today, including:

  • Slow traffic to remain on the right
  • Cars to pass on the left
  • The use of one-way streets
  • The construction of safety islands between opposing lanes of traffic
  • The use of the traffic circle or roundabout

Many of his ideas were gradually adopted as states developed their traffic laws.

Common Traffic Law Violations

While each state has its own traffic codes, there are only slight variations from one state to the next on the major rules of the road. For example, all states use the same types of traffic signals based on the Manual on Uniform Traffic Control Devices from the U.S. Department of Transportation.

The maximum speed limit on freeways differs by state, with one section of freeway in Texas boasting an 85 mph speed limit. Some local municipalities also have ordinances that drivers must follow.

Below are some examples of common traffic law violations enforced in all states:

  • Speeding
  • Making an illegal U-turn
  • Failure to wear seat belts or child restraints
  • Broken taillight or headlight
  • Failure to come to a complete stop at a red light, stop sign, or railroad crossing
  • Failure to yield to emergency vehicles or school buses
  • Failure to pull over for a police officer
  • Failure to follow right-of-way laws or give priority to pedestrians or bicyclists
  • Failure to reduce speed in construction areas and school zones

FindLaw provides information on all 50 states' traffic laws in the linked material at the end of this article.

Why Police Officers Pull Over Drivers

Police generally pull over drivers when they witness a traffic violation. The reason for the stop could involve either a moving or non-moving violation.

Common reasons for a traffic stop include:

  • Erratic maneuvers that suggest driving under the influence (DUI)
  • Speeding in a school zone or construction zone
  • vehicle issue like a broken tail light or expired registration
  • Improper turns or lane changes
  • Cell phone use and other forms of distracted driving

Police might also stop a driver due to reasonable suspicion, which means they have reason to believe that a driver or passenger could be involved in criminal activity. Sometimes, law enforcement sets up a drunk driving checkpoint to stop motorists regardless of their actions on the road.

What Happens at a Traffic Stop?

If you hear the siren and see flashing lights, pull over safely and promptly. Use your signal and move to the shoulder as far as you can.

Stay in the car unless the officer asks you to leave the vehicle. If you exit the vehicle without the officer's instructions, they may think you are getting ready to flee or fight. If they ask you to leave your car, do so calmly and carefully.

Here are a few things you might expect at a routine traffic stop:

  • The police officer may ask to see your driver's license and registration
  • The officer may ask whether you know the reason for the stop
  • The officer may ask to search your vehicle
  • The officer may test you for intoxicated driving
  • The officer may conduct a pat-down for a weapon or suspicious objects
  • You might receive a warning or traffic ticket for the violation

The events leading up to a traffic stop can affect what happens next. For example, if you are swerving between lanes, law enforcement may be more likely to test you for alcohol.

Some traffic stops can end in an arrest. Criminal charges, such as a DUI, may be at stake. That's why it's wise to protect yourself while staying polite when pulled over. If you are arrested at a traffic stop, you may want to call a criminal defense attorney as soon as possible.

Common Penalties for Traffic Violations

Minor traffic offenses like speeding or running a red light are usually classified as infractions, meaning they are administrative violations not punishable by jail time.

Infractions are typically categorized as a moving violation or a non-moving violation. Moving violations occur when a vehicle is in motion. Conversely, non-moving violations occur when a vehicle is not in motion, like a parking ticket, or for mechanical violations or vehicle modifications, such as a missing license plate or illegal window tinting.

Driving without valid vehicle registration and driving without insurance are also non-moving violations.

Penalties for infractions typically include a simple fine. Depending on the circumstances of the offense, you can also temporarily or permanently lose your driving privileges. Most moving violations are reported to insurance companies, so you will also likely see an increase in your auto insurance rates.

More serious traffic violations are classified differently. Some examples include:

  • Misdemeanor: Driving under the influence (DUI/DWI), reckless driving, hit and run, and driving without insurance
  • Felony: Multiple occurrences of driving under the influence, vehicular homicide, and hit and run resulting in bodily harm or death to another person

In most states, a traffic violation escalates to a misdemeanor or felony if it causes injury to a person or property damage or creates a real threat of injury to a person or property damage. Repeat occurrences of violations, like getting a third DUI in seven years or three citations for driving without insurance, can also heighten a charge's classification.

Misdemeanors are punishable by a fine and up to one year in jail. Felonies are punishable by state maximum fines and more than a year imprisonment.

Fighting a Traffic Ticket

The simplest way to resolve a traffic ticket is to admit guilt and pay the fine. You also have the option to contest the ticket in traffic court. While the specifics of this process vary by jurisdiction, there are a few best practices to keep in mind if you go this route.

If police cite you for a violation, carefully review the ticket, paying attention to details such as the alleged violation, date, time, and location. Identify any inaccuracies and leverage any errors in traffic court. Gather as much evidence to support your defense, like witness statements, photographs, or other documentation.

Most of the time, you can go through this process without legal representation. You can also consult with an attorney for more serious traffic offenses, or if the stakes are high. If the points on your license from running a red light could cost you your driver's license, it makes sense to get legal help.

Depending on the strength of your argument and the evidence, the traffic judge may dismiss the ticket. Or they may offer the option of attending traffic school or defensive driving to reduce your fine or keep the points off your driving record.

Know Your Rights as a Driver or Passenger

Traffic stops can be scary. Even if police stop you for a minor traffic violation like speeding, what you say and do can carry high legal stakes. It is common to feel nervous or defensive, but acting under emotions can make it difficult to protect yourself.

It can be helpful to learn about your rights and obligations ahead of time, such as:

Understanding your constitutional rights during police interrogation and vehicle searches can help you prevent the traffic stop from escalating. It is often best to let the officer do most of the talking. Staying silent when possible can help you avoid incriminating yourself.

Warrantless Searches

A police officer needs a valid reason to search a vehicle, or they need the driver's permission. You don't have to let police search your car without a search warrant.

However, the officer might detect potential signs of a crime, which gives them probable cause. Probable cause legally allows them to search your car without a warrant. If you are arrested, police can impound your vehicle. They can then conduct an inventory search of its contents without any other proof of wrongdoing.

Drivers have a reasonable expectation of privacy in their car, but the police could still notice a problem from outside of your vehicle. For example, you might get in trouble if you have contraband in plain view, such as an open beer can in the cup holder. They may also question you if they see you put something in the glove compartment or the back seat.

How an Attorney Can Help With a Traffic Violation

With many traffic infractions, you can resolve by paying your fine and accepting the citation. But some situations benefit from hiring a traffic law attorney in your area, depending on what's at stake.

A $50 ticket can be worth fighting if the points accrued would result in a license suspension or revocation. Even minor moving violations with negligible fines go on your driving record and can result in higher insurance premiums. You want to consider the overall consequences of your violation. An attorney can determine whether it makes sense to fight a traffic charge or just pay the fine.

You should consider hiring a criminal defense attorney for serious traffic offenses like leaving the scene of an accident, reckless driving, or driving under the influence. These charges often come with serious consequences, and you'll want legal advice from an experienced attorney.

Get Legal Help

If you think you were the subject of an officer's unlawful search, stay calm. Police can't use evidence of a crime against you if you prove they found the evidence in an illegal search or at an unlawful traffic stop. You can challenge an unreasonable search in court later with the help of a criminal defense lawyer. Put the expertise of a skilled attorney to work for you.

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