man in grey car pulled over by police highway patrol car on side of road after a car accident

Pulled Over By Police: What To Do Next

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Early in 2021, a man pretending to be a police officer was imprisoned after handing out fines to unsuspecting motorists for years. This has led to increased discussion around motorists being pulled over by police, and debates about whether their safety is at risk in any way.

While you definitely shouldn’t be breaking the law behind the wheel, mistakes and misunderstandings do occur. And you can be pulled over by police after having done nothing wrong – it doesn’t happen often but it does happen. That’s why it’s important to know your rights and responsibilities.

Below is a general overview, however it’s vital to be aware of specific legislation in your state or territory. Your obligations can vary slightly so know the legislation local to you.

Plus, they can vary further if you’re driving a disability converted car. Read more about driving with disability to find out about other considerations like licences.

When can the police pull you over?

In previous years, the police had to have probable cause in order to stop you. This means that they had to have good reason to believe you had committed or were about to commit an offence.

This could mean they spotted you speeding, driving without a seatbelt, or doing makeup while driving and swerving across the road. Or it could be they suspect you’re drink driving or while under the influence of another substance.

However, this has changed since the random breath test was introduced (read about random breath testing here). You can now be pulled over by the police any time in order for them to administer a breath alcohol exam. So a police offer can stop you even if it turns out you haven’t done anything wrong.

Your responsibilities when pulled over by police

If you’re pulled over by police, what are your legal responsibilities? If the police pull you over, can you drive to a safe place or simply refuse to stop? In short, no.

The first thing to know is you do have to stop when you’re pulled over.

In addition, you’re required by law to give your name and address if the police ask, and you’re also required to hand over your driver licence when requested. That means you have to keep it on you when driving – whether a hard copy or a digital licence, as some states/territories allow now.

If the police request a breathalyser test or mobile drug testing, you are legally obligated to oblige unless you have lawful reason not to. For instance, you might be able to refuse on medical grounds, but in these cases police usually require a blood sample as an alternative.

pulled over by a police motorbike

Your rights when pulled over by police

As for your rights, you have the right to ask a police offer to show you their identification.

When pulled over by the police, they’ll often ask you some questions like where you’re going or how fast you were driving. You’re not legally obligated to answer these questions but think carefully about why you wouldn’t – what’s the point?

Use your discretion. Is it really worth withholding information, or being belligerent or aggressive, if the police are asking questions which are fair, menial, or non-incriminating? Especially if you’ve done nothing wrong.

You can decline to answer, but this might spur the officer(s) on to further their questioning or take action against you, especially if they suspect you were doing something illegal.

You are legally allowed to film the police if you are pulled over in a public area, whether with a dash cam, mobile phone or normal camera. But remember, driving with a mobile phone is a criminal offence – switch off your engine before operating a camera/phone. While filming, you also can’t obstruct their duties or enter their personal space.

Your judgement and discretion are key to deciding whether to film and answer questions if you’re pulled over by police.

Car search rights

If a police officer asks to search your car when you’ve been pulled over, where do you stand? Legally, police can search your vehicle without a warrant if they have reasonable cause to suspect criminal activity. Obviously, “reasonable” is a hard term to define.

Reasons for asking to search your vehicle could include (but aren’t limited to):

  • Police suspect the vehicle is stolen.
  • There’s suspicion the car has been used in a crime.
  • The car could be carrying prohibited or illegally obtained items.

If you don’t consent to the search but it went ahead, ensure this is noted. Evidence found may not be admissible in court if you didn’t consent.

Other things to keep in mind

If you see those blue lights flashing, indicating you need to pull over, remember these extra things too:

  • Keep your seatbelt on unless told to do otherwise.
  • Ditto with staying in your car.
  • Be polite and courteous and don’t show hostility or aggression.
  • If you are detained for questioning by the police, contact a criminal defence lawyer immediately.

And, of course, follow the rules of the road at all times. So that means making sure you know them properly! Here are some road rules you might not know about. You might also want to test your driving nous from time to time with these free driver knowledge tests.

While it won’t completely stop you from being pulled over by police, you’ll feel much more at ease if you know you’re not breaking any laws. Plus, you’ll be less likely to be stopped on suspicion of committing an offence in the first place.

pulled over by police for random breath testing

Car insurance

When you take the roads, the police shouldn’t be the only thing on your mind. You should also feel secure that you’re financially protected in case of an accident, weather event, fire or theft. Car insurance can provide you with financial protection and peace of mind.

If you do ever find yourself in an unfortunate situation, here’s our advice on making a comprehensive car insurance claim. We also have these tips on what to do after a car accident. Hopefully, these articles can help make the process as smooth as possible – just as our ‘Is PD Insurance Any Good for Car Insurance?‘ article will assist with making the decision to go with us for your insurance!’

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