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Photo of Joshua Nielsen
Photo of Joshua Nielsen
Photo of Joshua Nielsen

Did the police overstep?

On Behalf of | Jan 13, 2023 | blog, criminal defense

When the police pull you over, you may become nervous and unwittingly give them information that helps them build a case against you. When investigating any crime, officers must follow protocol and procedures, but they sometimes overstep.

The law protects your civil rights, and keeping that in mind can go a long way in exercising and asserting those rights.

Do you have to answer questions?

A roadside stop may lead the officers to believe you have committed a crime. As such, they may begin to ask you questions. Some of these are leading and depending on your frame of mind at the time. You may give answers that cast you and your actions in a bad light. Keep your answers simple and polite. You can assert your right to stop answering questions under the Fifth Amendment of the Constitution.

Do you have to take roadside tests?

Part of a DWI stop in North Carolina might include roadside testing. Some of these are physical tests, which may prove difficult depending on your physical health, even if you have not consumed alcohol. A breath test is a go-to for police when ascertaining if you are driving under the influence. You can refuse both of these avenues and force the police to get a warrant. However, know that under the implied consent law, the DMV may immediately suspend your license.

Law enforcement’s objective is to keep the public safe. Should you believe an officer overstepped during a traffic stop, you have the right to challenge subsequent charges.