What are my rights after getting pulled over by the police while driving?

You’re driving to your destination and paying attention to the road when you hear the sirens. Either way, you know what to expect: the general nervousness and tense questions. But drivers and passengers have general citizen rights that police can’t violate. Knowing your rights can save you time, money and potential legal trouble.

What are the laws if an officer pulls me over?

Although it’s fairly rare to be pulled over by the police, there are certain things you need to know when you are stopped, including what police can legally do and what they can’t. An important thing to keep in mind is that the police have the authority to stop a vehicle for any reason and if they ask you to stop, you must. Failure to do so can lead to you being charged for breaking the law.

Among the things police are allowed to do during a stop include:

• Ask to see your driving licence, insurance certificate or MOT certificate
• Ask you to take an on-the-spot breath test
• Give you a fixed penalty notice for minor traffic offences such as not wearing a seat belt or using a mobile phone while driving
• Give you a “vehicle defect rectification” notice if you have a broken light

When can police search my vehicle?

A police officer can stop and search a vehicle, for example if he or she suspects that it contains stolen property or drugs. In some circumstances they can also search a vehicle if they have reasonable grounds to suspect there is at least £1,000 in cash or listed assets.

Bottom line

While nothing can guarantee a smooth interaction with law enforcement during a traffic stop, you can protect yourself legally and increase the chances of a favourable outcome by knowing your rights and allowable actions as a citizen. If you’re in doubt about the law or a specific situation involving the police, talk with a lawyer or your car insurance agent who can direct you towards the best course of action.

Frequently asked questions

• During a traffic stop, what's the best way to talk to a police officer?

  During a traffic stop, there’s no harm in extending the basic courtesy you would to anybody in a position of authority. In general, addressing a police officer professionally and using good manners could result in a more favourable outcome. That includes saying “please” and “thank you” and keeping your voice at a reasonable volume, unless it’s to make yourself heard over passing traffic.

• What documentation do I need when I'm pulled over?

  Basic documents to keep in your vehicle at all times include your driving licence, insurance certificate and MOT certificate. If you do not have these documents with you at the time, you have seven days to take them to a police station.

• Is it better to take an on-the-spot breath test if I'm pulled over or refuse it?

  This is a question best answered by a lawyer. However, the police can stop you at any time and ask you to take a breath test if they think you’ve been drinking, you’ve committed a traffic offence or if you’ve been involved in a road traffic accident.

  If you refuse to take a breath test or fail to supply a sample of breath and do not have a “reasonable excuse”, you can be arrested. A reasonable excuse could be a genuine physical or mental condition stopping you from giving a sample.

Who is most likely to be researching rights after getting pulled over?

Finder data suggests that men aged 25-34 are most likely to be researching this topic.

Written by

Esther Wolffowitz

Publisher

Esther Wolffowitz was a publisher at finder.com specialising in insurance. Esther holds an MSc in Media and Communication Governance from the London School of Economics and Political Science (LSE). See full bio