F-1 Driving: What to Do When Pulled Over?

This article discusses how to handle situations when you are pulled over by the police for a traffic violation.

In the United States, often described as "a country on wheels," vehicle ownership exceeds 80%. This means you are more likely to encounter traffic enforcement than you might be in other countries. In such situations, it is crucial to understand how to handle traffic violations and interact with law enforcement.

What to Do When Pulled Over by the Police?

• Pull Over Safely: If a police car signals you to pull over (typically by driving behind you with flashing lights), you should slow down immediately and find a safe place to pull over.

• Stay in the Car: After stopping, turn off the engine and turn on your interior lights so the officer can see inside the vehicle clearly. Next, open the driver's side window to communicate with the officer, but remain seated in the car with your hands visible on the steering wheel. Avoid opening the door or getting out of the vehicle unless asked to do so, as this could be misinterpreted as a threat.

• Be Polite and Calm: During the interaction, maintain a polite and calm demeanor. If you are not confident in your English, you can request a Chinese translator. Keep your responses brief and to avoid any misunderstandings.

• Provide Accurate Information: Provide accurate information when asked for your ID, driver’s license, and other documents. Do not provide false information or someone else’s information. If you accidentally provide incorrect information, correct it immediately. Identity theft is considered a serious felony in most states.

• Immigration Status: If the officer inquires about your immigration status, you have the right to decline to answer, as this is the responsibility of Immigration and Customs Enforcement (ICE).

• Know Your Rights: If you are at risk of criminal detention or being charged with a crime, you have the right to remain silent and request the presence of a lawyer. Under the Fifth Amendment of the U.S. Constitution, you are not required to self-incriminate. If criminal charges are filed against you, it is the government's responsibility to prove your guilt; you are not obligated to provide information that could be used against yourself.

What to Do After Being Accused of a Traffic Violation?

• Remain calm and cooperative. If you believe you were treated unfairly or have a defense, you can choose to contest the violation in court.

• The officer will issue you a "Notice to Appear" and ask for your signature. Signing this notice is not an admission of guilt but rather an acknowledgment that you have been informed of the alleged violation. Refusing to sign could lead to further complications, including being charged with obstructing justice.

• A few weeks later, you will receive a "Courtesy Notice" from the court. You will have three options: (1) Plead Guilty and Pay the Fine; (2) Plead Not Guilty and Defend Yourself in Court; and (3) Plead Not Guilty and Submit a Written Defense. It is advisable to pay the fine upfront, even if you plan to contest the ticket, as the fine will be refunded if you win your case in court.

• After receiving the Courtesy Notice, you must respond before the due date. If you do not receive the Courtesy Notice, contact the local court according to the information on your Notice to Appear. Missing the deadline could result in increased fines and additional penalties.

How to Decide Whether to Plead Guilty or Not Guilty?

You should first understand the consequences of pleading guilty, and then choose the best course of action. Some violations may only require a fine, while others could impact your legal status in the U.S. Individuals with multiple DUI offenses or those who have served jail time (regardless of sentence length or whether they were bailed out) may be deemed to have poor moral character by the government, leading to the denial of their immigration applications.

If You need to appear in traffic court, the process is as follows:

1. Schedule a court date.

2. Before your court appearance, you can prepare evidence to support your case. You may also have the opportunity to reach a settlement agreement with the prosecutor.

3. Attend court on time. At your first court appearance, you will not directly confront the officer. Instead, you will decide whether to plead guilty or not guilty.If you plead guilty, you can pay a fine or attend traffic school to remove points, which will prevent an increase of your insurance premiums; If you plead not guilty, a new court date will be scheduled for you to face the officer who issued the ticket.

4. If the officer does not show up to court, the case may be dismissed, and you will not have to pay the fine. Otherwise, both sides will present their cases, and the judge will make a decision.

5. If you believe there was a serious error or unfair treatment during the trial, you may choose to file an appeal.