Not if you are stopped for a traffic violation and have not been placed under arrest or are not otherwise free to leave. The right to counsel attaches when you are placed “in custody” or are under arrest. But, be aware that anything you say to the officer can be used against you until the right to counsel attaches. For instance, if you respond to the officer’s question, “How much have you had to drink?” with “Just a couple of beers, ma’am,” you have given the officer additional facts to aide in the formation of probable cause to suspect you are in violation of the law. The better response might be to say, “I respectfully decline to answer that on advice of my attorney.”

Frequently Asked Questions

 


Q: Do I have the right to talk to an attorney before answering any questions the policeman asks me?

A: Not if you are stopped for a traffic violation and have not been placed under arrest or are not otherwise free to leave. The right to counsel attaches when you are placed “in custody” or are under arrest. But, be aware that anything you say to the officer can be used against you until the right to counsel attaches. For instance, if you respond to the officer’s question, “How much have you had to drink?” with “Just a couple of beers, ma’am,” you have given the officer additional facts to aide in the formation of probable cause to suspect you are in violation of the law. The better response might be to say, “I respectfully decline to answer that on advice of my attorney.”


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