5. Talking to the Officer

Many people stopped by an officer make the mistake of saying the wrong thing to him or her and failing to say the right things, and a case can be won or lost depending on what you say -- or don't say -- to the officer.

Don't speak first. Especially don't start off with a defensive or hostile "What's the problem?" or similar words. Let the officer start talking. He or she will probably ask to see your license and vehicle registration. Many people make the mistake of insisting the officer tell them why they were stopped before they'll comply. Don't make that mistake. Reply "okay" or "sure," then hand over the documents.

One of the first things traffic cops learn in the police academy is to decide, before leaving their vehicle, whether they're going to give a ticket or just a warning. They may act as though they still haven't made up their minds and are going to let you off only if you'll cooperate. Don't fall for this. The hesitating officer may be trying to appear open-minded in order to extract admissions out of you, to use them against you in court if necessary. The strategy is to try to get you to admit either that you committed a violation or that you were so careless, inattentive, or negligent that you don't know whether you did or not.

The officer might start by asking you the sort of question whose lack of a definite answer would imply guilt, like, "Do you know why I stopped you?" Or, he or she might ask, "Do you know how fast you were going?" Your answers, if any, should be non-committal and brief, like a simple "No" to the first question or a very confident, "Yes, I do," to the second. If the officer then tells you how fast he or she thinks you were going or what he or she thinks you did, don't argue. Give a noncommittal answer, like, "I see," or no answer at all. Silence is not an admission of guilt and cannot be used against you in court.