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You're driving down the road, minding your own business. Suddenly, you see flashing lights in your rearview mirror and hear a siren blaring. Your heart starts beating faster as you pull over to the side of the road and wait for an officer to approach your car.
You might be wondering: What will happen next? What rights do I have at this traffic stop? And what should I do during it?
The following guide answers those questions and more by explaining what happens when police stop motorists for minor traffic violations (like speeding), how officers can legally search vehicles during these stops, what drivers should know about their Fifth Amendment rights during interrogations after being pulled over by cops—and more!
The Kentucky Point System
The Kentucky Point System is a method of tracking the number of traffic violations Kentucky license and permit holders have committed. If you accumulate too many points (12 if you are over the age of 18 and 7 if you are under 18), your license will be suspended, and you may even lose it altogether.
The Kentucky Point System is a method of tracking the number of traffic violations Kentucky license and permit holders have committed. If you accumulate too many points (12 if you are over the age of 18 and 7 if you are under 18), your license will be suspended, and you may even lose it altogether.
For a full list of points and penalties, visit the Kentucky Point System
website.
Your Rights During a Traffic Stop
- Your right to remain silent: You have the right to remain silent. If you wish to exercise this right, tell the officer so out loud.
- Your right to an attorney: You have the right to speak with an attorney before answering any questions and before deciding whether or not you want your vehicle searched.
- Your right to refuse a search: If an officer asks permission for themself or another person (such as a K9 unit) inside your vehicle without probable cause or reasonable suspicion, then you are within your rights under 4th Amendment protections against unreasonable search and seizure if you decline their request. Say “I do not consent to a warrantless search.”
What to Do During a Traffic Stop
- When you are pulled over, it's important to follow the officer's instructions.
- Pull over immediately to a safe location (if possible) and turn off your car.
- Put both hands on top of the steering wheel.
- Stay inside the vehicle until instructed otherwise.
Stay calm. It can be hard to stay calm when you're being pulled over and questioned by an officer, but it's important to remember that the officer is just doing his or her job. If you get angry or upset, it will only make things worse.
You are not required to answer questions. You do not have to admit guilt. However, if you do want to talk with the officer and explain your side of things to avoid getting a ticket or arrested, you may - just know that any words or explanation may be used against you.
Be polite and respectful of the officer's authority. You don't have to agree with what they say or do—but if you want them on your side during the traffic stop, it's best not to argue with them at all. If they ask questions you don’t want to answer,
invoke your Fifth Amendment right and refuse to speak without an attorney present.
Don't run away from police officers! Running away from police officers is against the law and will be a charge against you.
What to Do After a Traffic Stop
After you have been pulled over, you need to make sure that the officer has followed proper procedure. If they have not, or if they have issued a ticket that is inaccurate in any way, contact an attorney as soon as possible.
If your ticket does not contain any errors and it was issued by a police officer who was acting within the law, then follow their instructions carefully. For example: if an officer asks for your license and registration when pulling over your vehicle (which should happen), then provide those documents immediately after being asked for them by handing them out through open windows or handing them directly over to officers who approach your car door.
Do not argue with officers about whether or not they had probable cause for stopping you because this could lead to additional charges against yourself if convicted of resisting arrest or obstruction of justice.
First Time Reckless Driving
Reckless driving is rather broadly defined in Kentucky statute §189.290. If you are driving in a way that could be at risk to others on the roadway or endanger the highway itself, you may be committing reckless driving under Kentucky law. This includes speeding, inappropriate passing, and a wide range of other behaviors.
If you're charged with reckless driving for the first time, you could face up a $100 fine and 4 points taken off your license for the reckless driving offense alone.
In addition to these penalties for first-time offenders of reckless driving laws in Kentucky, other consequences that may affect your life include:
- car insurance rate increases;
- record of the crime on your record, if convicted (even if it was dismissed);
- record on employment background checks.
Tips for Defense
- Take photos of the scene and conditions (such as an obstructed speed limit sign, or a confusing work zone).
- Take a video with a date stamp.
- Preserve evidence that may help explain the situation
- If you hold a CDL (commercial driver’s license), preserve log books, hours of service, and dash cam video.
- If you drive for a company, immediately alert them to the traffic stop, and ask them to preserve any evidence.
Contact Us
You should contact a member of our team at JPS Law if you or a loved one has been pulled over or charged with any traffic violations or reckless driving citations. Give us a call at (859) 240-7480 and we’ll be glad to talk with you about your case.
Knowing your rights during a traffic stop is important. The best way to protect yourself and your family is by following the proper protocol during a traffic stop. If you feel like something isn't right, then it probably isn't.
Practice Areas
JPS Law is a criminal defense practice serving all 120 Kentucky counties. Attorney John Sienkiewicz and Tara Sienkiewicz are always ready to help and ensure the best support throughout the duration of your case. They understand that criminal charges, license suspensions, bond money, and the stress of navigating the criminal justice system can affect an entire family. Our practice mirrors that. You'll work with both John and Tara throughout your case. By hiring JPS Law - you already have a team dedicated specifically to your case.
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