If you get pulled over by the police, it’s most likely that the officer is going to come to your window and ask for your license and registration. They may also ask for your proof of insurance. This doesn’t mean you’ve necessarily done anything wrong – other than whatever caused the initial traffic stop – but it is just the first step in the process as the officer determines whether or not you are driving legally.
It is important to provide this type of documentation. All drivers need to have a proper license, registration and insurance policy. But the officer may then ask you other questions, such as where you’re going, if you’ve had anything to drink, if you know how fast you were driving or something else of this nature. Do you have to answer these additional questions?
Silence could be your best option
No, in the United States you have a right to remain silent, and you do not have to answer these questions. Short of identifying yourself and providing the paperwork mentioned above, you do not have to give the police more information.
They can’t arrest you just because you won’t answer their questions. You can exercise your Fifth Amendment right to remain silent or simply inform the officer that you’re only willing to answer more questions if you have your lawyer present.
For both citizens and immigrants, a traffic stop can be very unnerving. Immigrants in particular may be worried about making a mistake that violates their immigration status or puts them at risk of deportation. This is why it’s so important to understand your legal rights both during a stop and if you are facing arrest. It can help to work with an experienced criminal defense attorney.