Exercise your right to remain silent when being pulled over for a Vermont traffic violation

One of the first questions that officers will ask you when they approach your vehicle is whether you know why they pulled you over.  This question is set up in a way that many motorists may feel like they must answer.  It is this initial statement, in most cases merely meant as a way to be cooperative with the officer, that can be later introduced in court and can be difficult to defend against.  Judges have found that these statements are voluntary and admissible, which means that even if all the other facts contradict the issuance of a Vermont traffic ticket or criminal citation, this statement alone can be enough to uphold a conviction.  A few tips for the roadside questioning are as follows:

  1.  Never reply with a substantive response to the question of why you think you were pulled over:  A simple “I am not sure sir” is sufficient.  Do not think that by admitting to the offense that you are going to be cut a break because it in fact can make the officer’s position stronger and thus they may be less likely to bend on negotiations if they are confident they can secure a conviction at a trial.
  2. Make the officer’s job as easy as possible:  The less time an officer spends in your presence the better it is for both of you.  Have your license and insurance information ready, hand it to the officer as soon as he approaches the vehicle and keep the verbal exchange to an absolute minimum.
  3. Remember, everything you say is likely being recorded:  Most officers have body cams or microphones connected to their uniforms and can catch the entire interaction between the officer and the driver.

Most motorists put in the position of interacting with an officer on the roadside can be an intimidating and daunting task.  Of course we want to be polite to the officer, who is just doing their job, but we also do not want to make turn this cooperation into a full blown confession, which can only go to hurt your case in the event this interaction turns into a full blown arrest or the issuance of a Vermont traffic ticket.

Leave a Reply