Traffic controls: when you shouldn’t talk to the police

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When shouldn‘t you talk to the police?

Traffic controls: when you shouldn't talk to the police-shouldn

Stop the police: if you get the ladle, you should follow the instructions of the officers, stay friendly – but under no circumstances start chatting. Because drivers can easily uTalk in your head and neck

Source: dpa-tmn / cw

Anyone who is stopped by a police officer for an alleged violation should remain silent. Because if a traffic offender signals intent to commit an act, the fine is quickly doubled.

“You know why we stopped you?” Asks the police officer after waving the driver out of the traffic. The arrested person should not answer that. "Even if the silence feels uncomfortable – it is your right, and you should always make use of it during a traffic control", emphasizes the Hamburg traffic lawyer Daniela Mielchen. "Because whoever chatters carelessly during an inspection is easy to talk about."

Even if those affected are of the opinion that they have not done anything wrong, Mielchen advises: "Do not allow yourself to be caught up in a conversation by police officers and do not express yourself on allegations." The risk is too great to make allegedly succinct remarks , but above all burdening yourself with excuses and justifications. Because if there is actually a traffic violation, talkative drivers often only make things worse.

"The police must first assume that an established traffic violation was committed negligently – that is, not on purpose," says Uwe Lenhart, traffic lawyer in Frankfurt am Main. If a suspect makes the mistake of speaking spontaneously to the police on the matter, the tide can turn quickly.

Explanations not helpful

"I know I drove too fast, I’m sorry too" – this hopeless attempt to placate officials during an inspection is fatal. "That is a confession of guilt and makes it difficult to contest a penalty notice later." If a traffic offender signals the intention to commit an act, the respective fine is usually doubled, according to Lenhart.

“I have to get to a business meeting really quickly, my job depends on it.” Such statements may be true. "But they do not justify any traffic offenses such as speed or red light violations and do not help motorists a bit further during a check," says Mielchen. Anyone who wants to comment on a matter can do so in writing in the later proceedings and, if necessary, discuss it with a lawyer. Then there would be a better chance of avoiding a fine or even a driving ban.

Silence is golden – this also applies to passengers during a traffic control. You could accidentally blacken the driver in the excitement, warns Lenhart. “I told you right away not to rush like that!” – police officers are guaranteed to be pricked up.

Everything can be used against the motorists

If a suspect incriminates himself against police officers, his statements are in principle only legally significant if the officers have previously advised him of his right to remain silent. But be careful: "The results of the so-called informational survey, with which the police get an initial picture of a situation, and spontaneous statements that the accused makes without being asked, can also be used against him," says Lenhart.

The same applies in the event of an accident. Premature admission of guilt and information about the circumstances of the accident can even cost you your driver’s license. “Suddenly my eyes went black, and then it must have crashed,” according to Lenhart, that’s one of the cases. "Anyone who reports this at the scene of the accident must expect a fitness to drive examination – after all, health problems could always lead to such dropouts." If doctors have concerns after the examination, the driver’s license is gone.

“If you don’t say anything, at least you don’t say anything wrong,” summarizes Mielchen for traffic controls and accident situations. The obligation to provide information to the police is limited to personal information. If this is required, a driver’s license and vehicle papers would also have to be presented. The appropriate answer to all further questions is: "I don’t want to comment on that now."

Do not allow yourself to be provoked

Calm, cooperative, but by no means too willing to provide information – with behavior like this, drivers avoid unnecessary trouble when dealing with the police. "If you keep in mind that the officials are only doing their job, this is the best starting point for a quick and smooth process," says Volker Lempp, legal advisor at Auto Club Europa (ACE).

If a police officer misbehaves, the inspection complaint is the right legal remedy, he says. Those affected are best drafted together with a lawyer. Who knows what is important.

Lempp strongly advises against provocations and insults against the police, even if the mood is heated because one feels delayed – or maybe even caught. Because hotheads, according to the ACE experts, quickly file a criminal complaint with their behavior. "The policeman writes it himself after the inspection."

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