Blog Layout

Your rights during a traffic stop

On behalf of Shults Law Office • July 5, 2017

Traffic stops happen all the time. According to the Bureau of Traffic Statistics, speeding was the most common reason for why drivers were pulled over in 2011.

During traffic stops, many drivers inadvertently give up valuable information. A police officer is not going to inform drivers of all their rights. Instead, it is prudent to become informed so that future traffic stops have a greater likelihood of working out in your favor.

Right to pull over when it is safe

You may see the flashing lights but are not in a place where you can pull off safely. You are within your rights to wait until it is safe. However, you should make attempts to pull over as soon as possible. If it will be a while, try to signal to the officer. Otherwise, officers can put additional infractions on the table.

Right to refuse a search

Police cannot search a car at their leisure. One of the following pieces of criteria need to be met for a search to take place:

  • If the officer has probable cause to suspect a crime is taking place or already has
  • If a piece of evidence, such as a bag of marijuana, is in plain view
  • If the driver gives consent for the officer to search the vehicle
  • If there are exigent circumstances, such as the officer believing destruction of evidence could take place
  • If the officer has a warrant

Without one of these present, you can refuse to allow a police search.

Right to record an interaction

You are fully within your rights to record interactions with the police. The only caveat is that the recording cannot interfere with the officer's traffic stop. As long as the camera or recorder is not directly in the officer's face, it should be fine.

The best advice is to cooperate during any traffic stop. In the event of a violation of your rights, you can pursue action later in court. 

You can exercise your rights during a traffic stop

By On behalf of Shults Law Office • April 2, 2020
Flashing lights in your review mirror are intimidating, and when you realize you are the driver required to pull over, your concerns could increase. How will you afford to pay for a ticket? What if the police take you into custody? Will you lose your job because of this? Now imagine how you might feel if you had been drinking.…

Why creditors don’t want to violate stay orders

By On behalf of Shults Law Office • March 5, 2020
Those who file for bankruptcy in Tennessee or any other state will usually receive an automatic stay from creditor collection activities. In one case, a debtor’s divorce attorney claimed that she owed $10,000 in legal fees that were accrued before the Chapter 7 case was filed. Therefore, he didn’t believe that he had any legal obligation to stop pursuing a…

How to obtain a liquidation bankruptcy

By On behalf of Shults Law Office • February 19, 2020
Tennessee residents and others who are struggling to pay their debts may qualify for Chapter 7 bankruptcy. In such a proceeding, a debtor’s assets may be sold, and the money that a trustee is able to collect will be used to pay off some or all existing creditors. If there is not enough money to pay off a balance, whatever…

Tennessee raises penalties in DUI cases

By On behalf of Shults Law Office • February 5, 2020
People accused of drunk driving in Tennessee may face more severe penalties in case of a conviction, especially if they have multiple DUI convictions on their record. The state legislature has revised the criminal penalties associated with drunk driving, with some people facing years in prison as a result. In most cases, sentences are not associated with first-time DUI convictions,…

Prevent money trouble post split by being involved in marriage

By On behalf of Shults Law Office • January 20, 2020
Finances is one of the most important concerns when Tennessee couples get divorced. Recovering from the financial hit divorce often brings can take a while. One way to make this easier, however, is to be involved in all decisions made about finances during marriage. According to a study by Fidelity Investments, it takes about five years for people to recover…

Keep needs of the children in mind when creating a parenting plan

By On behalf of Shults Law Office • January 3, 2020
Tennessee co-parents want what is best for their children. This means that they must design an effective parenting plan. Cooperation between the parents is a must for a plan to work. Also, the plan should be created according to what the children need as they go through different stages of their lives. It has been recommended that babies and toddlers…

Student loans and bankruptcy

By On behalf of Shults Law Office • December 24, 2019
Many people living in Tennessee and around the country struggle with student loan payments. Despite their best efforts, they often find that they have difficulty keeping up with their loans and other expenses. Some of these student loan borrowers may wonder if it is possible to discharge their student loan debt in a Chapter 7 bankruptcy. Unfortunately, the discharge of…

Racial gap persists in criminal justice system

By On behalf of Shults Law Office • December 11, 2019
Criminal justice reform advocates in Tennessee and across the country have highlighted racial disparities in incarceration rates, noting that the legal system has been unfair to black Americans. These racial gaps have continued decades after the end of Jim Crow segregation, exacting devastating effects on communities of color. One study finds a reason for optimism in the declining gap in…

Determining whether a prenuptial agreement is necessary

By On behalf of Shults Law Office • November 25, 2019
Some people in Tennessee may think of a prenuptial agreement as something that only wealthy people need. A prenup describes how property will be divided if a couple gets a divorce. A spouse might also waive the right to claim alimony using a prenup. For some people, a prenup might seem like preparation to divorce before the marriage has started.…

Survey finds people willing to go into debt for holidays

By On behalf of Shults Law Office • November 13, 2019
The holiday season may tempt some Tennessee consumers to use their credit cards for gifts and other spending. According to a survey by CreditCards.com, around half of Generation X and millennials and around one-third of baby boomers said they would be willing to take on credit card debt for the holidays. People who were already in debt were more willing…
More Posts
Share by: