Traffic tickets and police vehicle stops

The most common encounter with police in the U.S. is being pulled over in traffic. This page explains what you should do when you are stopped, according to the states’ official driver handbooks, as well as your rights and obligations, the alcohol-testing rule, traffic tickets, and the point system. The examples are taken from the official handbooks of California, New Jersey, and New York; rules vary from state to state, so also consult your own state’s handbook.

Instructions from the California and New Jersey handbooks:

1. Signal and pull over safely. Turn on your right signal and pull completely onto the right shoulder; if possible, stop in a well-lit place.
2. Put the vehicle in park. Do not get out of the vehicle unless the officer tells you to.
3. Turn down the radio or music so that you can hear the instructions.
4. Turn on the interior light at night. Allowing the officer to see inside the vehicle reduces uncertainty.
5. Roll down the window. Do this before the officer reaches you.
6. Keep your hands visible, preferably on the steering wheel. The driver’s and passengers’ hands should be visible.
7. Do not make sudden movements. Do not reach into the glove compartment, center console, or under the seat unless the officer asks you to. Tell the officer what you are going to do before reaching.
8. Stay calm and respectful. Ask the officer to repeat an instruction you do not understand.
9. Provide the requested documents: driver’s license, vehicle registration, and proof of insurance.
10. Follow instructions. If you are asked to get out of the vehicle, get out.

• Reason for the stop: In California, an officer must state the reason for the stop before asking questions related to a crime or traffic violation. An exception may apply if there is an imminent threat to life or property. The reason is written on the ticket or report.
• Consent to a search: If an officer asks for permission to search your vehicle, you have the right to say no. Clearly state that you do not consent. However, if the officer says they will search anyway, do not resist; in some situations, the officer may have legal authority.
• Passengers: An officer may ask passengers for identification. Passengers may refuse in some circumstances, but must show identification in others.
• Getting out of the vehicle: An officer may order the driver and passengers to get out of the vehicle or remain inside; you must comply.
• Recording: According to the California handbook, recording an encounter with police in a public place is generally protected by the Constitution. Tell the officer that you are recording; do not interfere with the officer’s work.
• Phone passcode: Generally, you may refuse a request to unlock your phone or provide its passcode.
• Immigration questions: In California, only federal officers may ask about immigration status; state and local police may not. The situation may be different in other states, especially areas with a 287(g) agreement with ICE; see 12.1.
• Federal rule: According to the U.S. Courts’ summary of Supreme Court decisions, an officer may stop a vehicle when there is reasonable suspicion of a traffic violation or crime. During a lawful stop, the driver and passengers may be patted down externally. It is also lawful for states to establish alcohol-impaired-driving checkpoints.

• In California, when you drive, you are considered to have given prior consent to a breath, blood, or urine test if DUI is suspected. If you refuse the test, your license will be suspended or revoked.
• During a DUI arrest (California):
  • the DMV administratively suspends your license;
  • the officer may take your license and issue a 30-day temporary license;
  • you may request an administrative hearing from the DMV within 10 days of the arrest.
• Upon a DUI conviction (California): the license is suspended or revoked for 1 year; a DUI program must be completed, proof of insurance (SR-22) must be provided, and installation of an ignition interlock device may be required.
• For immigration purposes: during the application period, two or more DUI convictions create a negative presumption regarding good moral character for citizenship; see 12.5.

• Respond to the ticket: According to the New York handbook, when you receive a ticket, enter your plea without delay according to the instructions on the ticket. If you do not respond, your license will be suspended indefinitely and you may be convicted in absentia.
• California: Signing the ticket is a promise to appear in court. If you fail to appear, the DMV may suspend your license until you appear, and this will be recorded on your record.
• Ticket from another state: New York suspends a New York license for an unanswered moving-vehicle ticket issued in most states. New Jersey adds 2 points to the driving record for violations committed in other states.
• Insurance: According to the New Jersey handbook, traffic convictions may increase your insurance premiums.
• Immigration effect of a ticket: According to the N-400 instructions, no documentation is required for traffic incidents that are unrelated to alcohol or drugs, do not result in an arrest, and do not seriously injure anyone; see 12.5.

• California: Traffic convictions and accidents remain on the record for at least 36 months. A license may be suspended at the following point totals:
  • 4 points in 12 months;
  • 6 points in 24 months;
  • 8 points in 36 months.
  • For a one-point violation, a judge may offer the option of attending traffic school once every 18 months; the violation is not reported to insurance but remains on the record.
• New Jersey:
  • A driver who accumulates 12–14 points in 24 months receives a suspension notice by mail. The driver may attend a driver improvement course, request a hearing, or surrender the license.
  • Those who complete the course have 3 points removed; a $75 administrative fee is paid to the MVC.
  • Up to 3 points are deducted for each year that passes without violations or suspension.
• New York:
  • A driver who accumulates 11 or more points within 24 months is notified by mail that the license will be suspended.
  • Example point values: exceeding the speed limit by 1–10 miles per hour, 3; using a cell phone while driving, 5; passing a stopped school bus, 8 points.
  • Points are counted from the violation date, not the conviction date.

• California DMV: dmv.ca.gov — records, points, and administrative hearing procedures.
• New Jersey Motor Vehicle Commission (MVC): driver programs.
• New York DMV: driver’s handbook and ticket information.
• Challenging a ticket: the traffic court listed on the ticket.
• Complaints about police: the police department to which the officer belongs. For discriminatory practices, use the Department of Justice’s civilrights.justice.gov portal.
• Emergency: 911. See 13.1 Emergency numbers.

• Getting out of the vehicle and walking toward the officer after being stopped.
• Reaching into the glove compartment or under the seat without warning while looking for documents.
• Arguing on the roadside or physically resisting.
• Failing to respond to a traffic ticket or missing the court date.
• Failing to pay a ticket received in another state because you think it “stays there.”
• Assuming that refusing an alcohol test will have no consequences.
• Not keeping your license, registration, and proof of insurance in the vehicle. For license rules, see 10.1 Driver’s license.

• The police want to search my vehicle; do I have to consent? No. You may clearly state that you do not consent. However, if the officer searches anyway, do not resist; in some circumstances, the officer may have legal authority.
• Can the police ask about my immigration status? In California, state and local police may not. The rule may be different in other states, especially areas with a 287(g) agreement.
• Can I record the stop with my phone? According to the California handbook, recording in a public place is generally protected. Tell the officer that you are recording and do not interfere with the officer’s work.
• What happens if I do not pay the ticket? Your license may be suspended and you may be convicted in absentia. In New York, an unanswered ticket leads to an indefinite suspension.
• Can a traffic ticket affect my green card or citizenship application? For traffic incidents unrelated to alcohol or drugs, not resulting in an arrest, and involving no serious injury, documentation is not required on Form N-400. A DUI, however, may have serious consequences.
• I want to complain about the police officer’s behavior. File a complaint with the department to which the officer belongs. According to the California handbook, retaliation against you for filing a complaint is prohibited.

• California Driver Handbook (PDF)
• New Jersey Driver Handbook (PDF)
• New York Driver Handbook – Keeping your license (Chapter 2)
• New Jersey – Driver programs and courses
• U.S. Courts – The Fourth Amendment and vehicle searches
• Related: 10.1 Driver’s license · 10.6 Buying a vehicle, insurance · 12.1 Constitutional rights as an immigrant