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FL Traffic Ticket Defense

The Traffic Stop: What to Do and Not Do When You Are Pulled Over
Posted by: dpakula on Sunday, April 17, 2005 - 07:37 AM
Info During my experience as a Broward Traffic Magistrate, I witnessed the end results of defendants' behavior during traffic stops. Law enforcement officers are above all else human beings, and they have a wide range of reactions to their encounters with motorists. While it is difficult to make generalizations, I found that defendants who were courteous and polite during traffic stops generally fared better in court than those who were not able to avoid the temptation of venting their anger, frustration or disagreement with the law enforcement officer.

If the law enforcement officer views the motorist as being rude or disagreeable during the traffic stop, he or she is more likely to remember the incident when testifying in court. If the officer displays a good recollection of the incident when testifying, a conviction is more likely.

Many officers routinely make a notation on the back of the ticket indicating whether the defendant had a good or bad attitude. In court, officers frequently comment to the judge or magistrate regarding the defendant's attitude during the traffic stop, suggesting that attitude should play a role in the fines and court costs imposed on the defendant. Of course, it is up to the judge or magistrate whether to follow the officer's recommendation. However, judges and magistrates are often influenced by a law enforcement officer's recommendation to the defendant's financial benefit or detriment.

For these reasons, my number one recommendation is to remain calm when pulled over and always be polite and courteous. Even if you feel strongly that you have not committed an infraction, it is in your best interests to control your emotions and curb expressions of disagreement. You are not likely to convince the officer to change his or her mind, and you run the risk of ticking off the officer to the point where he or she might issue a citation even if the officer's intent when pulling you over was merely to issue a warning.

On the other hand, you are not required to be so cooperative with a law enforcement officer that you make incriminating statements. Some officers will bait motorists with suggestive questions. For example, when pulling over an alleged speeder some officers will ask right off the bat, "Are you in a rush to get somewhere?" You should answer such questions carefully. If you have a legitimate emergency that the officer should know about (your wife is in labor, or you are taking someone to the emergency room), by all means you should advise the officer. However, you are not likely to get much sympathy from the officer if your reason for violating the speed limit is because you are late for an appointment. You are probably better off not making incriminating statements of this type.

Of course, these are just generalizations. Some law enforcement officers may appreciate your candor if you admit you were speeding because you were late for work. Admitting that you were traveling ten miles over the speed limit is not like an admission of a heinous crime. It's just a traffic ticket. Use your common sense and people skills. As in other situations when dealing with people, during a traffic stop tact and diplomacy go a long way.
 
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Florida Traffic Ticket Defense :: Attorney, Lawyer :: Defending Florida traffic tickets in Broward, Dade and Palm Beach County.

David B. Pakula, P.A.
Attorney At Law

1806 N. Flamingo Road, Suite 410
Pembroke Pines, Florida 33028
(954) 217-5123
dpakula@infionline.net
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Mr. Pakula served as a Broward County Traffic Court Magistrate from 2002 to 2004. He is board certified by The Florida Bar in appellate practice and has handled trial and appellate litigation in state and federal courts since 1987. The law firm of David B. Pakula, P.A. is rated AV by Martindale-Hubbell. Mr. Pakula is a member of the U.S. District Courts for the Southern and Northern Districts of Florida, the U.S. Courts of Appeals for the 7th Circuit, the 11th Circuit and the D.C. Circuit, and The United States Supreme Court.

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