Do I have to roll down my window during a traffic stop?
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- Опубликовано: 5 мар 2015
- In Virginia, you do not have to roll down your window if you are stopped by police, but the police can order you to exit the vehicle in the vast majority of situations. Virginia law does require a driver to "...exhibit his registration card, driver's license, learner's permit, or temporary driver's permit and write his name in the presence of the officer, if so required, for the purpose of establishing his identity." (Va. Code 46.2-102).
For more information about your rights during a traffic stop check out our video: • Virginia DUI attorney ...
If you have a criminal our traffic charge in Northern Virginia call our office for a free consultation at (703) 383-9222. or visit us on the web at www.nicholsgreen.com
note to self; don't go to VA
I think they can order anyone anywhere out of the car though.
An officer can pull a person out their vehicle for any reason? That's a bad situation waiting to erupt. No cop should have the right to do that.
In a personal security course a retired VA State Trooper advised to only open your window “this much” as he held his thumb and first finger about a 1/4” apart to pass documents to/from a police officer. He didn’t elaborate on why. Other videos state that some police will assert that they smell drugs or alcohol and thus you should (a) keep your other windows closed (to prevent air from flowing though your car’s cabin), (b) only crack your window enough to communicate and pass documents, and (c) if ordered out of your vehicle, LOCK YOUR DOOR BEHIND YOU. If the officer asks why you locked your door, you can reply with: “Always lock your car. Isn’t that what police tell everyone?”
as I explained in the video, you can play games with the window but if the police office really wants to he can force you out of the car and claim officer safety or he can sniff through the 1/4" crack in the window so playing games with the window really isnt particularly useful.
Luke, can you please tell us how to be compliant without answering any questions? Because I don't want to be rude, I just want to be within my rights.
It can be a difficult balance but basically if an officer starts asking you questions tell him you prefer to remain silent and stop talking. If the officer asks your permission to search or take tests say NO. That is it.
If a cop pulls you over while driving and he asks where you're coming from or where you're going to. Do you have to answer those questions? I don't think those questions have anything to do with the traffic stop.
You have a constitutional right to remain silent,. But it is also good to remember that when an officer pulls you over for a minor traffic infraction, often the officer is only trying to investigate more serious crimes. When they find nothing serious they send you on your way with a warning. But when people are rude or belligerent the warning can become a ticket or escalate into something worse. Try to make sure you exercise your rights in a way that is not just legal, but intelligent and respectful of others as well.
I always tell the officer I'm driving without my pants on. That pretty much makes them leave me inside my car. They can't make you break a law by getting out with your junk exposed.
In most states, motor vehicle summonses are issued "in lieu of arrest." Meaning, the officer has the option of arresting you and bringing you before a judge to adjudicate the matter if they believe you will not comply with the summons. So, if you want to get into a pissing contest with the officer and be uncooperative, don't be surprised when your day goes from bad to worse.
I’d like to see them pull a 100 Percent disabled vet out of a car. They’d be owned.
I have seen them do that to elderly disabled vets and the officer was certainly not owned. I have also seen a police officer tazer a deaf man for not putting his hands on the steering wheel when he tried to use sign language to communicate...That officer was also not owned. I have seen officers shoot an elderly woman to death for refusing to pull over (also not owned). And the list goes on and on and on......
Thanks, good info
How come nobody from ohio does videos like this
Even if you did have laws that preempt the supreme court ruling that was mentioned in this video, wouldn't the supreme court ruling still trump any law on the books at the state level? Or is that simply a precedent that could be deemed useless if a state has a law or laws on the books stating otherwise? I ask because if the ruling does trump state law, then that would hold up in all 50 states in theory, correct?