“I WANT MY BATTLEFIELD LAW GROUP ATTORNEY.”

The police have a card that they can read to you advising you of your Miranda warnings. Below is your card to either read them or give to them to let them know that you know your rights.

What to say to an officer when you are pulled over:

“Officer, I mean no disrespect, but I understand my rights. 

I have been informed not to talk to anyone and I do not want to answer any questions without an attorney present. 

Please do not search me or my property, do any test, do any line-ups, or any other identification procedures without an attorney present who is representing my interests. 

I will not waive any of my constitutional rights without first consulting an attorney. 

I do not want to perform any tests except as LEGALLY required under the DUI implied consent law.”

Additional considerations during a police encounter:

Stay Calm and Polite

  • Remain calm and polite.
  • Keep your hands visible.
  • Do not argue, resist, or obstruct the police.

Do Not Run

  • Running is very dangerous for you and others which could lead to a much more serious situation
  • Running can be used as evidence against you
a rear view mirror with a car's reflection in it
a woman sitting in a car interacting with a policeman

Remain Silent

  • Do not lie to the police! Rather, let them know you need to consult a lawyer before talking to them.

Ask! If you are not sure.

  • If you don’t know why you were stopped or why you are under arrest, ask the officer. “Why did you pull me over?” Don’t assume you know.
  • If you are not sure whether you have to do something that an officer commands you to do, ASK THEM. Sometimes officers will misstate the law and that can be helpful in your defense.
  • If you don’t have to do something – DON’T DO IT!

During Different Types of Encounters

If Stopped for Questioning

  • Ask if you are free to leave. If yes, leave calmly. If no, you are being detained.
  • Provide basic identification information, if asked.
  • Do not answer other questions. Repeat your desire to remain silent and request an attorney.

If Stopped in Your Car

  • Pull over safely and promptly.
  • Keep your hands on the wheel and provide your driver’s license, registration, and proof of insurance when requested.
  • You do not have to consent to a search. If the officer insists, clearly state your refusal to consent.
  • If the officer asks you out of the vehicle, you must exit the vehicle. However, you do not have to perform ANY tests on the side of the road. Do not consent to any testing but the test that is required under Implied Consent law.

If Police Come to Your Home

  • Police are not allowed to enter your home without a warrant, your consent or special emergency circumstances. 
  • Do not consent to the police entering your home if you are not sure that you want them there.
  • Ask to see the warrant if they claim to have one.
  • Clearly state that you do not consent to a search if they do not have a warrant.

ADDITIONAL TIPS

Record the Encounter

If possible, record the interaction using your phone or another device. Virginia is one party consent state so only one person in the recording must consent.

If Stopped in Your Car

If there are witnesses, ask them to observe and, if comfortable, record the encounter.

If Police Come to Your Home

After the encounter, write down everything you remember, including officers names, statements that were made, who the witnesses are, and anything else that might be helpful in the future.