Understanding the rights and responsibilities you have during a traffic stop is crucial for any driver in Michigan. To learn more, continue reading and consult with an experienced Upper Peninsula criminal defense lawyer at Berger Law today.
What Are My Rights During a Traffic Stop in MI?
When you are pulled over for a traffic stop in Michigan, both state and federal laws provide you with various rights. Consider the following.
- Right to remain silent: You have the right to remain silent, meaning you do not have to answer any questions asked by the police officer. Besides presenting them with identifying documents, you can remain silent for the remainder of the encounter. If they ask where you are headed, if you have been drinking, what you are up to, etc., you can simply keep quiet or say, “I would like to exercise my right to remain silent.”
- Right to refuse a search: Law enforcement can only search your vehicle with reasonable cause, a search warrant, or your permission. The officer may ask something like, “Do you mind if I take a look around your car?” You have the right to refuse consent. Politely say that you do mind, and they do not have your permission.
- Right to record: You have the right to record interactions with law enforcement, given that it does not interfere with their ability to perform their job. If it makes you feel more comfortable to have evidence of the encounter, you are within your rights to take a video of the traffic stop.
- Right to refuse field sobriety tests: Refusing a breathalyzer test can result in legal penalties, as driving on public roads is implied consent to chemical testing. However, officers may also request that you perform field sobriety tests like the horizontal gaze nystagmus or balancing on one leg. You have the right to refuse to participate in these tests, which could be wise as they are often difficult to perform, even when sober.
What Are My Obligations During a Traffic Stop in MI?
It is also important to keep in mind that although you are afforded many rights, you also have certain obligations during a traffic stop. First, you must follow all lawful orders issued by the officer. This can include pulling your car over when you see the lights and sirens behind you, placing your hands on the steering wheel, or getting out of the vehicle if asked.
You are also legally required to present your driver’s license, vehicle registration, and proof of insurance upon request. In order to legally operate a vehicle in Michigan, you must possess a valid driver’s license and be driving a vehicle that is registered with the state and insured. Failure to present these documents can result in legal consequences, as the officer will be unable to assess whether or not you are operating legally.
