What to Do if You are Pulled Over by the Police in Kentucky

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Being pulled over by the police is always stressful, even if you haven’t actually done anything wrong. What will help you keep the situation calm and protect you legally is knowing your rights, as well as taking the correct steps. 

In this article, we will give you a step-by-step guide on what you as a driver should do if you are pulled over by the police in Kentucky. We will explain your rights under state and federal law, and most importantly, what to avoid doing to prevent unnecessary complications. 

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Stay Calm and Pull Over Safely

This must be done as soon as you see flashing lights. Signal, then pull over safely to the right-hand side of the road. If it’s dark, you can turn on your hazard lights and then drive to a better-lit area. Under no circumstances should you speed away or ignore the officer. 

Under Kentucky law (KRS §189.393), motorists should stop when directed by police. Once stopped, you must turn off the engine and keep your hands visible on the steering wheel. Avoid sudden movements – it shows cooperation and helps ensure everyone’s safety. 

What Officers Can and Cannot Ask

In the event of a routine traffic stop, officers may ask for:

  • Your driver’s license.
  • Your vehicle’s registration. 
  • Proof of insurance.

Under Kentucky law, once these are requested, you must provide them. However, questions you don’t have to answer are:

  • Where you’re going. 
  • Where you’ve been. 
  • What you’re doing. 

In that case, you can simply (and politely) say, “I prefer not to answer questions.”

Under the Fifth Amendment of the U.S. Constitution, you have the right to remain silent. This is important, because if the officer believes you are committing a crime, anything you tell them could be used against you later. Therefore, it’s best to remain calm, polite, and brief. 

Can an Officer Search Your Car?

The rules for a search depend on the situation:

  • Consent: Whilst officers may ask to search your car, you are entitled to refuse, unless they present a valid legal reason. 
  • Probable Cause: If police have probable cause, they can perform a search without your consent. For example, if they smell marijuana, see open containers, or spot illegal items in plain view, your consent isn’t necessary. 
  • Arrest or Impoundment: Officers may search your car if you’re arrested, or if the car is being towed. 

Kentucky follows federal constitutional standards under the Fourth Amendment and case law such as Carroll v. United States (1925), which allows vehicle searches based on probable cause. 

If in that situation you want to assert your rights, you should clearly but calmly say, “I do not consent to a search.”

What to Do if You’re Asked to Exit the Vehicle

As per what the U.S. Supreme Court allows officers to do, they can order drivers and passengers to exit a vehicle during a traffic stop for safety reasons. 

If given this request, you must comply – refusing could lead to unpleasant escalations, the situation worsening, or you being arrested. 

However, even when you’re outside the car, you still retain your constitutional rights. Remember: do not resist physically or verbally. Instead, comply and take note of what is happening, so that you can discuss it later with your attorney. 

DUI or Sobriety Check Situations

If the officer suspects you are in any way impaired:

  • They could ask you for a field sobriety test, or to take a breath test. 
  • Under Kentucky’s implied consent law (KRS §189A.103), refusing a chemical test, be it breath, blood, or urine, can result in an automatic suspension of your driver’s license, even before a conviction. 
  • You can still politely ask if the test is necessary, and what the consequences would be if you refuse to take it. 
  • If you are arrested, you have the right to speak to an attorney before you answer any questions. 

It’s important to remain respectful and to follow directions, as this can prevent additional charges, even if you plan to contest the stop later. 

This is where having a knowledgeable Kentucky criminal defense attorney will help in protecting your record and your rights. 

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After the Stop: Protecting Your Rights

In case you believe your rights were violated, here are the steps you should take:

  • Write down the officer’s name, badge number, and patrol car information. Do this as soon as possible. 
  • Take note of the time, location, and details of your encounter with them. 
  • Avoid getting into an argument at the scene. Instead, remain calm, and speak to an attorney. 
  • You can then file a complaint with the local police department, or you can pursue a legal challenge to an unlawful search or arrest. 

Seek Legal Guidance Now

If you have been pulled over by the police, or you have been charged after a traffic stop in Kentucky, you don’t have to face it alone. Contact Hoffman Walker & Knauf today and let us help you navigate the law in your specific situation. 

Our experienced criminal defense attorneys will review your case and explain your rights to you whilst working to protect your future and ensure your record doesn’t suffer the consequences of unjust conviction.