When a driver is pulled over for speeding, police officers often ask the driver why he/she was speeding. This is an odd thing to do in New York and other states that have strict liability for speeding and other traffic violations.
Strict liability means it doesn’t matter if the driver has a rational explanation for speeding. Likewise, it also doesn’t matter if the driver even knew that he/she was going too fast. Simply put, if the facts show the driver was speeding, he/she is guilty of speeding and can be convicted.
So if the reason for speeding doesn’t matter, why ask?
The fact is any response to the question of “why” one was speeding is essentially an admission that one was speeding. This, in turn, can be used in court should the driver attempt to challenge the speeding ticket.
Of course, it is entirely possible that a person was speeding for a reason that seems valid, such as a medical emergency. Technically, this does not excuse the speeding, but officers have the discretion to let a driver go with a warning. However, it would be unwise to expect as much.
In other cases, an officer may just want to get a driver talking. This could be in order to stall for backup (if the car is listed as stolen or the driver has a warrant for his arrest). An officer may also be attempting to detect if there is a hint of alcohol on a person’s breath. If such situations are the case, one can expect many more questions to follow.
It may be tempting to give an explanation in the hopes of getting off with a warning, but there are wiser ways to respond.
One common response is, “I’m really not sure officer.” This is a generic response that avoids admitting guilt.
The other is to respond to the officer’s question with a question, such as, “would you like to see my license and registration?”, but that may agitate the officer if he thinks you’re trying to avoid answering the question.
No matter how one responds, it is best to be polite and never admit to committing a traffic violation. If the traffic stop does result in a ticket, be sure to contest it—paying a ticket means accepting a fine and points, the latter of which can result in additional fees or even a license suspension.
FAQs
Keep your answers brief.
If asked, “Is there some reason you are in such a hurry that you had to speed?” say, “No.” By saying “yes,” you are actually admitting to speeding. Even if you were not speeding the officer will believe that you were, and you'll probably get a ticket.
Why do cops ask if you know why you were pulled over? ›
The reason the cops ask this question is to solicit a confession. Most people think that by admitting to a little infraction, the officer will see them as being reasonable and go easy on them. The conversations go something like this: Officer: "Do you know why I pulled you over?"
What to say when a cop asks you where you are going? ›
You have the right to remain silent. For example, you do not have to answer any questions about where you are going, where you are traveling from, what you are doing, or where you live. If you wish to exercise your right to remain silent, say so out loud.
What to say to do you know why I pulled you over? ›
If your plan is to fight the ticket, do not admit to doing anything wrong and keep your answers short. Everything you tell the officer is admissible in court. If asked, “Do you know why I pulled you over?” simply reply, “No.”
Do you have to answer questions when a cop asks you? ›
The police officer can ask anything. You cannot be compelled to answer. You have a 5th amendment right to remain silent and not convict yourself. Generally reading you your rights only happens when you are arrested.
How do you tell if a trick is a cop? ›
Undercover cops do not have to identify themselves, so you'll have to use other clues to figure out if someone is a cop. You could check their vehicle to see if it has nondescript plates or dark window tinting that looks like a cop car. You could also check their appearance for hints.
What the police don t want you to know? ›
These rights include the right to remain silent, the right to an attorney, and the understanding that anything you say can and will be used against you. If the police fail to provide this crucial notification, it could impact the admissibility of statements made during the interrogation.
Do I have to tell a cop where I'm coming from? ›
While the police may require you to tell them your name (depending on state law), they may not legally require you to tell them about your immigration status, where you're traveling from, where you're going, or what you're doing. If you wish to exercise your right to remain silent, you must say so out loud.
Why do cops follow you but not pull? ›
If police witness a dangerous driving behavior or have reason to suspect that your vehicle was involved in the commission of a crime, they can follow you for miles until they either believe there is enough reasonable suspicion to conduct a stop or to let you drive away.
Can you ask police what they're doing? ›
You are allowed to ask the police whatever questions you like. There is an upper limit that you can't refuse to obey a lawful order on the premise that you want to ask a bunch of questions, but they don't seem to have ordered you to do anything, so you can ask away.
No law against it BUT just because they are a police officer you do not have to give it to then if you do not wish to do so.
What not to say when pulled over? ›
Whatever you do, never say the following four things to a police officer during a traffic stop.
- Volunteer That You Have Firearms in Your Vehicle. ...
- Agree to Allow the Officer to Search Your Vehicle. ...
- Argue With the Officer About What You Were Pulled Over For. ...
- Tell an Officer You Don't Have Your License.
There is no law in California making it a crime for anyone, including a police officer, to ask you for your phone number, wireless or otherwise. This assumes of course that there is no court order in place forbidding a particular person from contacting you.
What are you most likely to get pulled over for? ›
- Speeding. This was on everyone's list, and the reason is simple. ...
- Illegal cell phone use. Distracted driving, usually because of texting or talking on a mobile phone, is high on the list of ticket bait developed by our experts. ...
- Hazardous driving. ...
- Equipment violations. ...
- Following too closely and improper lane changes.
Top Successful Speeding Ticket Excuses
- 26% claim they didn't realize they were speeding.
- 21% say they are late for work.
- 25% tell police there is a medical emergency.
- 20% say they have to use the bathroom.
- 14% say they didn't see a speed limit sign.
- 22% remark that they were going as fast as everyone else.
Below are a few examples of questions you may be asked. The officer may ask, “Do you know why I pulled you over?” It is best to reply with a simple “no.” You may be asked “do you know how fast you were going?” You can reply “yes I do,” but do not give any additional information.
What is meant by probable cause? ›
United States (1949), the Supreme Court defined probable cause as “where the facts and [the] circ*mstances within the officers' knowledge, and of which they have reasonably trustworthy information, are sufficient, in themselves, to warrant a belief, by a man of reasonable caution, that a crime is being committed.”
