Being pulled over by the police can be a stressful experience, but knowing how to handle the situation can make the process smoother and less intimidating. Whether you’re being stopped for a routine check or for a suspected offence, it’s important to understand your rights and responsibilities. In this blog, we’ll walk you through the steps of what to do when/if the police pull you over.
1. Pull Over Safely
When you see the police vehicle flashing its lights, it’s crucial to respond promptly. Do not ignore the officer or try to evade them. Drivers in England and Wales have a legal obligation to stop when required by a police constable.
- Signal and Pull Over: Indicate your intention to stop by using your indicators, and pull over to a safe place, such as a lay-by, side street, or designated stopping area. If you are in a busy or unsafe location (like on the motorway), try to find a safer spot. If you're on a dual carriageway or motorway, don’t stop on the hard shoulder unless instructed to do so. If no safe place is immediately available, slow down and indicate to show you’re looking for somewhere to stop.
- Use Your Hazard Lights: If it's dark or visibility is low, consider turning on your hazard lights to alert other drivers.
- It is worth noting: You are not required to stop for an unmarked vehicle unless a uniformed constable is present. If you have any doubt as to whether you are being stopped by a legitimate police officer, you should navigate to the nearest public place, i.e. a petrol station, police station, etc, prior to stopping your vehicle. Maintain a modest speed so that, if it is an undercover officer, you do not appear to be fleeing.
2. Remain Calm and Be Polite
Once you’ve pulled over, the next step is to remain calm and respectful. Officers are trained to de-escalate situations, and being rude or confrontational can escalate things unnecessarily.
- Stay Inside Your Vehicle: Unless the police officer asks you to step out of the vehicle, remain seated. Keep your hands visible on the steering wheel, as this helps to reassure the officer that you’re not a threat.
- Be Courteous: Even if you feel frustrated or confused, staying polite is important. Address the officer respectfully, and avoid arguing. If you feel the stop is unjustified, it’s better to calmly ask questions rather than get defensive.
3. Turn Off Your Engine
Turning off your engine is a simple gesture that shows you are complying with the stop. It also signals to the officer that you're not planning to drive off suddenly.
4. Have Your Documents Ready
The police may ask for certain documents to verify that your vehicle and your driving are lawful. You are legally required to present them if asked. These typically include:
- Driving Licence: You must carry your driving licence when driving. It’s a criminal offence to drive without it, and failure to produce it upon request can result in a £100 fine. We have heard of motorists being able to circumvent this by having a copy of their driving licence on their phone - but we would not necessarily recommend this.
- Insurance: You must provide proof that your vehicle is insured. Driving without insurance is a serious offence and can lead to fines, points on your licence, or even vehicle seizure.
- MOT Certificate: If your car is over three years old, it must have a valid MOT. The police may ask to see this to ensure your vehicle meets safety standards.
If you don’t have the documents with you, you may be given a “producer” notice. This allows you to show the documents to a police station within a certain period (usually 7 days).
5. Do Not Leave the Vehicle
In the UK, you are not required to get out of the car unless asked by the officer. Staying inside your vehicle keeps you safe and reduces the risk of any miscommunication or misunderstandings.
- Wait for Instructions: The officer will approach your vehicle, identify themselves, and explain the reason for the stop. If they request that you exit the vehicle and have reasonable suspicion to believe that you have committed an offence, you must comply.
6. Answer Questions Carefully
The police may ask you various questions. While you are legally required to provide basic information such as your name, address, and date of birth, you are not required to answer any questions beyond that unless they have a legal reason to ask.
- Right to Silence: In the UK, you do not have to answer questions about where you’ve been, where you’re going, or why you were speeding unless the officer is conducting an investigation under certain circumstances (such as if you're suspected of a crime). You are allowed to remain silent, but if you choose to do so, the police may inform you that your silence could be used against you in court. It is important that, if there is any element of your circumstances that you would want to rely upon in Court, you should make the officers aware at the earliest opportunity. This increases your credibility. The sooner you make an officer aware of any defence (i.e post-driving consumption, spiked drinks, etc), the more believable the defence is. If you are in any doubt, say nothing at all.
- Request for Personal Details: You must provide your name, address, and date of birth if asked. If you fail to do so, you could be arrested. However, you don’t have to give additional information such as your occupation, travel history, or other personal details unless the officer provides a clear legal basis for asking.
7. Respect the Officer’s Instructions
Police officers have the legal authority to issue tickets, search your vehicle, or even arrest you under certain conditions. If they are conducting a search, they should have a reasonable suspicion that a crime is being committed or that the vehicle is involved in criminal activity. Here’s a quick breakdown of what the police can and cannot do:
- Search Your Vehicle: The police can search your vehicle without a warrant if they have reasonable grounds to suspect that you’re carrying illegal items (e.g., drugs, stolen goods, weapons) or if the vehicle has been involved in a crime.
- Issue a Fixed Penalty Notice (FPN): For minor offences such as speeding or having a defective vehicle, the officer may issue an FPN. You have the option to pay the fine or contest it in court.
- Arrest You: The police can arrest you if they suspect you of committing a criminal offence. If you’re arrested, they must inform you of the reason for your arrest and your right to speak to a solicitor.
8. You Have Rights
While the police have the authority to stop and question you, you still have rights. If you feel that you are being treated unfairly or that the stop is unlawful, you have the right to ask why you’ve been stopped. Additionally:
- Right to Legal Representation: If you are detained or arrested, you have the right to speak to a solicitor. If you cannot afford one, one will be provided for you.
- Challenging Unjust Stops: If you feel the stop was unjust or the police were in breach of your rights, you can file a complaint with the Independent Office for Police Conduct (IOPC). If you believe you’ve been unlawfully detained or arrested, you can challenge it in court.
9. Drive Safely and Know Your Rights
If you receive a ticket or warning, make sure you understand the reason for it. If you disagree with the officer’s decision, you can contest the penalty in court.
- Fines: Some traffic offences, such as not wearing a seatbelt or using a mobile phone while driving, carry fines and penalty points. You can pay the fine or contest it in court if you believe it was issued unfairly.
- Court Appearance: In the case of more serious offences, such as driving under the influence of drink or drugs or dangerous driving, you may be required to appear in court.
Conclusion
Being pulled over by the police can be unnerving, but knowing how to handle the situation can help protect your rights and make the process easier. Always stay calm, polite, and cooperative. Be sure to carry the required documents and understand your legal rights. If in doubt, seek legal advice from a solicitor or challenge the officer's actions through the appropriate channels.
