When you’re pulled over by the police in British Columbia, they may ask questions designed to elicit incriminating responses. Although police officers in B.C. do things differently from jurisdiction to jurisdiction and each officer has their own practices, there are some commonly asked questions. Knowing how to handle these questions at a traffic stop can be very important, as your answers may be used against you later on.
Here are the three most common questions police might ask and how best to respond.
“Do You Know Why I Stopped You?”
This question is a classic trap. If you admit to knowing why you were stopped, it can be used as evidence of your guilt. For instance, saying, “You stopped me because I was speeding,” or “I was on my phone,” is an admission that can be used against you. Even saying, “I don’t know,” can suggest you have a poor memory or weren’t aware of your surroundings. The best response is to remain silent.
“Do You Know How Fast You Were Going?”
This is another trick question. Admitting you don’t know your speed can later be used to undermine your credibility in court. For example, if you testify that you were certain of your speed, the officer can counter with your earlier statement that you were unsure. Admitting to speeding directly can also be incriminating. Again, it’s advisable to remain silent.
“Have You Had Anything to Drink Today?”
This question is particularly dangerous. Many believe that admitting to having a drink a few hours ago or claiming not to have drunk anything will protect them. However, any admission gives the officer a chance to observe your behavior, including your speech and mannerisms, or even an odour of liquor which can be used to assess impairment or justify further investigation. Additionally, lying to the police is the worst thing you can do, followed closely by admitting to drinking. The safest option is to remain silent.
The Right to Remain Silent
In these situations, try to keep in mind your legal right to remain silent. The right to silence is a fundamental legal right in Canada. You are not obligated to answer questions that could incriminate you, and, with the exception of identification questions that you are required to answer in law, you have the right to consult with a lawyer before answering. Exercising this right can help protect you from making statements during a traffic stop that could be used against you in court.
Remember, admissions or inconsistency in your answers may be used against you. The best course of action when asked these questions at a traffic stop is to remain silent and not provide any information that could later be used in court.
If you had a run-in with the police at a traffic stop resulting in a traffic ticket, IRP or any criminal matter, send me an email or call my office. Some cases require that we take immediate steps so don’t wait.
