Many drivers face criminal charges after being pulled over by the police. Drivers often face serious criminal charges because of incriminating evidence collected during a traffic stop.
There are several ways the police may collect incriminating evidence during a traffic stop, including:
Questioning from the police
The police can ask drivers questions during a traffic stop. These questions may inquire about where the driver was going, if they knew why they were being pulled over, if the driver was drunk or if they were in possession of anything illegal.
Drivers can enforce their legal rights and refuse questions. Under the Fifth Amendment, drivers can remain silent to avoid self-incriminating comments.
Vehicle searches
The police may search vehicles to collect incriminating evidence. Some incriminating evidence can include weapons, illegal firearms or illegal substances.
The police must take legal steps to lawfully search a vehicle. The police can not forcibly search a vehicle. For example, the police may be given permission to search a vehicle by the driver. Alternatively, the police may have a warrant permitting a vehicle search, make a lawful arrest or have probable cause of criminal activity.
Sobriety tests
If the police suspect that a driver is drunk, they may ask the driver to take a field sobriety test to gauge their sobriety. Alternatively, the driver may be asked to take a chemical sobriety test, which may prove more accurate than field sobriety tests. Evidence collected could be used against the driver during a criminal trial.
A criminal charge can have serious implications for drivers, such as limiting their right to drive vehicles and impacting their employment, housing and education opportunities. Drivers can seek legal guidance to build a strong defense against criminal charges.