Why did the police officer pull your vehicle over?

Did you know that you have a right to ask the officer why he or she pulled you over?


A law enforcement officer must have reasonable suspicion to lawfully initiate a motor vehicle stop.  In other words, the officer must believe that you violated a motor vehicle or other statute.


In this case, how you ask is as important as what you ask.


If you demand that the officer tell you, you could end up shooting yourself in the foot.


I suggest that you consider an approach that a friend of mine used.  "Officer, I am not sure why you pulled me over.  I was obeying all laws to my knowledge.  If I did anything that I should not have, please tell me, so that I do not do it again."


Now, if you were speeding 20 miles an hour over the limit, I do not suggest this approach.  Why?  I have learned from years of dealing with law enforcement officers, that they hate it when people do not own up to what they did.  That being said, never admit to doing anything wrong to an officer; they can and will use it against you.


What other rights to you think that you have?

What do clients say about the lawyer that you are considering to defend your New Jersey traffic ticket?

Today, I received the following rating!

Overall Rating: 5 out of 5 stars

Comments:
Mr. Basner got my case dismissed. He clearly explained his primary and secondary strategies for this end goal prior to going to court. It was clear he had prepped beforehand and had experience advocating for his clients in court. When watching a case before the judge prior to our case, he explained to me that the guilty plea being entered was only six weeks after the apparent incident. Mr. Basner said that the full police disclosure would not have been available that quickly; so the client was settling before his lawyer even had all the information on the case. I wonder if that client knew that. If he did, would he have picked a different lawyer? I learned that what I didn't know could hurt me. Do your research and get an attorney who goes to bat for you and won't settle. Mr. Basner did that for me.

What should you do if a police officer stops you and begins to ask you questions?

            Remember, you have the right to remain silent.  You also have the right to have an attorney with you during questioning.

 
            Is this right absolute?  The right to an attorney does not apply in New Jersey to your decision to take a breathalyzer test or not; however, in this instance, you do have the right to have independent testing.
 
            Don’t let a gun and a badge push you around; if you are questioned by a law enforcement officer, tell them that you want your attorney with you.  Tell them that you wish to remain silent.
 
            Anyone can be falsely accused of a crime; yes, anyone.  A few months back, I was defending a woman falsely accused of a domestic violence charge.  She was assaulted by her then boyfriend.  I obtained her medical records as evidence; my client sought to press charges against him, also.  I then called her former boyfriend and explained to him that they could both raise their right to remain silent in court.  Sometimes, this leads to a dismissal of charges.
 
            The boyfriend then called the police and falsely claimed that I told him not to come to court, and that I harassed him.  When the police officer in Burlington County called me, I was absolutely livid!

            Needless to say, I did not follow my own advice; I was too close to the situation.  However, the Municipal Court Judge correctly refused to sign the charge against me; there was simply no basis.

 
            If you or someone you know is questioned by the police, let me do the talking for you.  What I say as an attorney is not evidence.  Anything you say can and will be used against you!  I have had cases before that I believed would have been dismissed if everyone invoked this right….

What are your rights if stopped by a police officer in New Jersey?

Do you know what your rights are?

 
Stop.  Before you go on, name the rights that you think you have.  Follow me and see which ones you got correct, and which ones you did not yet know.
 
This one you know.  The Fifth Amendment to the United States Constitution guarantees you that you have the right to remain silent.
 
Is that always a good idea?  The answer is the same as that to every legal question; it depends.

If you live in a small town, and your kids play basketball with the police officer’s kids, you may not serve yourself well by not saying a word.

You have the right, however, to inform the officer that you are asserting your 5^th Amendment right to remain silent.

Do not admit to doing anything wrong.

Wield your rights wisely.  Our Founding Fathers intended that rights and responsibilities remain married; do not divorce them from one another.

What other rights to you have?  Follow me, and find out!  Or, e-mail me today, at basneresq@me.com to arrange for a free initial case evaluation.

 

Did your mother teach you to take the blame for something that you did not do?

     Thankfully, mine did not!      

     Today, in a local municipal court in Camden County New Jersey, it seemed business as usual; except for my client.  The police officer assigned to court room safety seemed bored out of his skull; he spent more time looking at his cell phone than the courtroom.  The Judge spieled off potential consequences of pleading guilty for the umpteen thousandth time; peering around the courtroom as he did so.  Another lawyer’s client plead guilty to a second DWI that happened on October 22, 2013; I have never had a client plead guilty to a DWI in less than sixty days, because I never have full discovery in that time.  The poor client had no clue….

     Today was my second appearance for my client.  During the first visit, the prosecutor and court personnel could not figure out why my client would not just plead guilty and pay the fine; after all, it was a no point ticket.

     Why not?  Because my client was not guilty; that’s why!  My client merely pulled in to a local Starbucks to enjoy a gift-card from her son.  The police officer accused my client of pulling off to the right too soon.  The officer lamented that someone was killed at that intersection a year ago….  The officer lied to my client and stated that there was video; my client was relieved…it would demonstrate that the turn was proper!

     However, the police department replied to my discovery request, stating that there was no video.

     Today, the charge against my client was dismissed!  (It has been a good day; I obtained another dismissal for a client this morning in Gloucester County!)

     Do not plead guilty to something that you did not do!  Fight your New Jersey Traffic Ticket!  Contact me at basneresq@me.com today.