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What to Do if Pulled Over
Being pulled over can be stressful, whether it’s for speeding, a suspected DUI, or something else entirely. In that moment, what you say—or don’t say—can have a major impact on your case. At Gorinshteyn & Watkins, LLC, we regularly defend clients facing charges that began with a simple traffic stop. Know your rights and how to protect yourself.
Stay Calm and Composed
The first rule is to remain calm. Pull over safely, keep your hands visible, and be respectful. Getting angry or argumentative will only make matters worse and could escalate the situation.
1
Provide Basic Information Only
You are required to provide your driver’s license, proof of insurance, and vehicle registration if asked. Beyond that, you do NOT have to answer additional questions about where you’ve been, what you’ve been doing, or whether you’ve had anything to drink. Do NOT make any admissions.
2
Exercise Your Right to Remain Silent
This is the most important step. Anything you say can be used against you later in court. A casual admission like “I only had one drink” or “I was just trying to get home faster” may seem harmless in the moment, but prosecutors will use it as evidence. The safest response? Politely say:
“I'm exercising my right to remain silent and wish to speak with an attorney.”
This firmly asserts your rights without escalating the situation.
3
Do NOT Consent
If an officer asks, “Do you mind if I take a look in your car?”—you have the right to say no. Consenting to a search makes it much harder to challenge in court later. Unless the officer has a warrant or probable cause, they cannot legally search your vehicle without your permission. However, if the officer says they will search your car, do not argue or fight with them, let your attorney handle it in court later.
4
Do NOT Blow into a Breathalyzer
Georgia law requires drivers to comply with certain chemical testing under the state’s implied consent law, but you have the right to refuse field sobriety tests (like walking a straight line or touching your nose) or blowing into a breathalyzer. These roadside tests are voluntary and can be highly subjective.
While refusing these tests cannot be used against you in a criminal proceeding, such can result in license suspension. However, often times the best thing for your license and your criminal case is to not consent. If you’re unsure, remember: you can still challenge the suspension and the legality of the stop later with an attorney’s help.
5
Call an Attorney
If you are arrested, then at the first opportunity given to you, call an attorney. You will often be brought before a judge within 72 hours of your arrest and are entitled to be represented at such hearing. Additionally, there are statutory deadlines that quickly come due that can greatly impair your rights if not followed.
6
Why NOT to Pay a
Traffic Ticket
When receiving a traffic ticket for which you know you are guilty of, most will pay the ticket online. However, there are many important reasons why such rarely the best idea:
License Points
Paying the citation will put points on your license. In Georgia, you can only receive 14 points on your license within a 24 month period, or risk your license being suspended.
Insurance Premium Increase
When you pay the citation, your insurance company will receive notice and will often use such as an excuse to permanently raise your premiums!
Admission of Guilt
Paying a citation is the same as a guilty plea. If you are subject to a civil lawsuit, such admission can be used against you.
Hire an Attorney
Instead of paying the citation, hire an attorney. They can often obtain a reduction of the ticket to a non-reportable offense, which avoids all of these consequences.
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CONTACT US TODAY
When your rights and freedom are on the line, you need a defense attorney who knows the law, the courts, and how to build the strongest defense possible.
Contact Gorinshteyn & Watkins, LLC today for a free consultation. Our experienced attorneys are ready to fight for you and ensure you are treated fairly by the criminal justice system.