Labor Day: Traffic Stop Tips

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LABOR DAY WEEKEND EDITION: What Do You Need To Know During A Police Traffic Stop?

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Most people share a general sense of anxiety when they see blue lights flashing in their rear-view mirror.  If you’re like me, when the blue lights come on your heart starts beating 100 mph, you start sweating, and your mind is racing.   Here are some helpful pointers on how to interact with a police officer during a traffic stop.

WHEN YOU SEE THE “BLUE LIGHTS”

1)   Slow down and pull over as quickly as possible.  You never want to give the officer the impression that you’re attempting to get away.  Also, you don’t want to slam on the brakes immediately.  Find a safe location (parking lot, driveway, open area on the side of the road, etc..) and pull over.

2)  Roll down your window, turn off your car, place the keys on the dashboard, and have your driver’s license ready to hand to the Officer.   Obviously, if a police officer pulls you over he/she is going to want to speak with you.  It’s always a good idea to go ahead and roll your window down as soon as possible.  You wouldn’t want the officer to think that you’re having difficulty with the simple task of rolling your window down.  So go ahead and do that first.

Placing your keys on the dashboard will put the officer at ease that you’re not going to take off.  A calm Officer can sometimes be the difference in going to jail and going home.

In addition, the Officers are trained to see if you have difficulty locating your driver’s license.  To many officers, the fact that you are nervous and may not be able to find your license right away is not normal and instead is an indication you’re drunk.  So go ahead and eliminate that assumption immediately.

3)   Let the Officer speak first.   The Officer is trained to get you to admit to the crime he/she thinks you’ve committed.  So a common question an Officer will ask is: “do you know why I pulled you over?”   A lot of people will say: “Yes, I was (insert traffic offense).”   If the Officer is recording your conversation, then there is a strong possibility that statement will be used against in court.  So go ahead and answer the question with an affirmative “no.”   It’s the Officers burden to prove you guilty of the alleged offense and not your burden to proof yourself innocent.

4)  BE POLITE!  This is the key to any interaction with a police officer.  If you are a jerk to the Officer the chances of you getting a ticket and/or getting arrested go up significantly.   Sometimes a police officer can say things that are rude or inconsiderate.   Take the high road.   Remember, on the road he feels like he is in charge and has the ability to really mess up your day.  You’ll have the final say if the case goes to court.  So don’t make it easier for the Officer.  Just be polite and your behavior won’t be used against you at a later date.

If you end up with blue lights in your rear view mirror, try some of the tips listed above.       We hope that no one ends up getting ticketed or, even worse, arrested.

Labor Day weekend is a great chance to relax and enjoy time with friends and family.  With so many people on the road, you can almost guarantee that the police will be out in force.  So be careful and have a great weekend.

GEORGIA LEGISLATURE CHANGES MUGSHOT LAWS

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A few months ago  we talked about the legality of having your mugshot posted all over the internet (see: Georgia Mugshot Websites). Recently, the Georgia General Assembly took another hard stance against companies who prey on those who are booked through Georgia jails.  Our legislature made some drastic changes to the Georgia mugshot laws.

Georgia law now requires that law enforcement agencies refrain from posting booking photographs on their jail inmate website.  The General Assembly went on to limit access to any booking photographs by restricting access to those who are (1) not using the photo for purposes for written publication or website publication; and (2) the person trying to obtain the photograph is not asking for removal or deletion of the booking photograph in exchange for money.  Law Enforcement agencies now can only release photographs to individuals who sign a statement affirming that the use of the photograph will NOT be for purposes of mugshot websites.

The General Assembly obviously recognized there was a serious problem with websites extorting those who have been booked through the criminal process.  Already, the Cobb County Sheriff’s Department has taken steps to remove all photographs from their jail website in accordance with the new law. Hopefully, these steps will put an end to for profit mugshot websites.

Please contact our office today at 404-581-0999 if you have been arrested in Georgia and you need help getting your mugshot removed.

They found my gun at the airport! What happens now?

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Bringing Your Gun to the Hartsfield-Jackson Airport in Atlanta, GA

In addition to being the nation’s busiest airport, Atlanta’s Hartsfield-Jackson International Airport is also known for confiscating more firearms during security screening than any other airport in the country.

Historically, at Hartsfield-Jackson, when a TSA officer would find a traveler’s firearm during security screening, they would detain the traveler, confiscate the firearm, and immediately notify local law enforcement.  This would happen regardless of whether the traveler had a permit to carry the firearm because Georgia law strictly prohibited the possession of all firearms in its airports.

So, before July 1, 2014, the traveler would be arrested by the Clayton County Police Department and taken to jail. Travel plans would obviously be ruined and a criminal charges would be brought against the traveler. Then, if the prosecuting authority determined that the traveler had no criminal history and there were no aggravating circumstances surrounding the firearm confiscation, they would invite the traveler to participate in their pre-trial diversion program. By successfully completing the program, which involves community service, a gun safety class, and often, drug testing, the traveler would avoid a conviction on their criminal history.

While Clayton County would go forward with their criminal case, TSA would be assessing a federal civil penalty for the firearm violation. Upon determining the fine amount, the traveler would receive a letter via U.S. mail notifying them as to the amount they owe TSA. The penalty would range anywhere from $500 to $10,000 and depend on a variety of circumstances including the traveler’s intentions, level of cooperation, prior history,  risk to the community, and negotiation skills.

That was before July 1…

Now, as of July 1, 2014, Georgia residents with licenses to carry firearms are permitted to carry their firearm in many public places, including the entrance and waiting area in the Hartsfield-Jackson airport. Obviously, this permission does NOT extend to the airport’s terminals due to federal law but TSA officers at security screening will no longer call Clayton County Police Department if the traveler can show proof of their permit to carry.

Instead of calling the police, TSA will give the traveler the following options: 1) check the firearm as luggage (if properly secured in a hard case), 2) return the firearm to their vehicle (if they parked it at the airport), 3) hand the firearm to an individual who is licensed to carry in Georgia and not traveling via the airport, or, in the event that no other option works out, 4) forfeit the firearm permanently to TSA.

Whether the traveler has a license to carry a firearm or not, TSA will still pursue a civil case against them. Like before, TSA will investigate the circumstances of the case and assess a civil penalty ranging from $500 to $10,000. TSA may also temporarily suspend a traveler’s “TSA Pre-Check.”

It is important to remember that Georgia’s new gun laws only affect Georgia residents with valid licenses to carry their firearm(s). All other travelers carrying guns in the Hartsfield-Jackson airport remain out of luck when it comes to TSA calling Clayton County Police Department. Those individuals will be arrested and charged like all gun-carrying travelers were charged prior to July 1, 2014.

If you were charged with bringing a firearm to the Hartsfield-Jackson airport or have any questions about the subject, do not hesitate to contact our firm for a free consultation. You can trust that our firm will work hard to protect your rights and secure the best possible outcome.