In the dialogue of movies and TV shows, people only plead the Fifth Amendment on the witness stand at trial or else in a joking manner when a friend or family member asks them a question that they are embarrassed to answer. From a legal perspective, your right not to incriminate yourself when telling the truth would expose you to criminal prosecution or conviction is more expansive than that. The right to invoke the Fifth Amendment also applies if you are answering questions in a deposition for a civil case. You can even refuse to answer questions by police when you have not been arrested, are not detained, and are not under oath, when the only thing that separates the interaction from an ordinary interaction with a stranger is the police badge. You are in a stronger position if you refuse to speak, and then an officer arrests you and takes you to jail until you contact a lawyer than you are if you react in anger or attempt to flee. If you exercised your right to remain silent and want to know what, if anything, you should say at this stage of your case, contact a Tulsa criminal defense lawyer.

You Do Not Have to Show Your ID Unless You are Driving

Some states are “stop and ID” states, which means that if a police officer approaches you anywhere and asks to see a government-issued ID card, you must show it. In these states, it is theoretically possible to get criminal charges simply for not carrying your driver’s license with you when you walk your dog in your neighborhood or walk to the convenience store to buy a snack. Oklahoma is not a stop and ID state. If you are not driving a motor vehicle, the police do not have the right to insist on seeing your ID or telling them the information they could find out by seeing your driver’s license, such as your address and birthdate.

The only time that police can insist on seeing your driver’s license is if you are driving a car. Passengers in motor vehicles have no obligation to carry their driver’s licenses or show them to police.

You Have the Right to Refuse Vehicle Searches and Field Sobriety Tests

If a police officer signals for you to stop, you must pull over and stay inside your car unless and until the officer tells you to get out. You must show your driver’s license and vehicle registration upon request, but that is all.  If an officer asks you about where you are going, you may invoke your right to remain silent.  If an officer asks to search your vehicle or take a field sobriety test, such as a breathalyzer, you may refuse.  Your refusal can result in driver’s license suspension but not in criminal penalties.

Contact Tracy Tiernan About Criminal Defense Cases

A criminal defense lawyer can help you exercise your rights if you get arrested during a traffic stop.  Contact Tracy Tiernan in Tulsa, Oklahoma, to discuss your case.