When you see those flashing lights in your rearview mirror, it’s natural to feel nervous. But knowing your rights — and separating fact from fiction — can make all the difference. We sat down with Bradley Marshall, a shareholder attorney at Vanderpool, Frostick & Nishanian in Manassas, to clear up five common myths people believe during traffic stops.
Myth #1: If you’re innocent, you should explain everything right away.
Reality: Talking too much can hurt your case.
According to Marshall, “Rarely are you going to talk yourself out of a situation. More often, you talk yourself into trouble.” It’s better to remain respectful but silent — and save the explanations for your attorney.
Myth #2: They have to read you your Miranda rights immediately.
Reality: Miranda rights only apply when you’re in custody and being interrogated.
Marshall explains that unless you’re officially detained (not free to leave) and being questioned, officers aren’t required to “Mirandize” you.
Myth #3: Staying silent makes you look guilty.
Reality: Exercising your right to remain silent can never be used against you in court.
Invoking your rights is not an admission of guilt. “You are simply protecting yourself — and the Constitution gives you that protection,” Marshall said.
Myth #4: If police ask to search your car, you have to let them.
Reality: You have the right to refuse consent to a search.
Marshall advises: “Respectfully decline consent. If they have probable cause, they’ll act accordingly — but don’t volunteer your rights away.”
Myth #5: If you’re polite, you don’t need a lawyer.
Reality: Even polite people can face serious consequences without legal help.
Being courteous matters, but so does protecting your future. “You don’t need to go through it alone,” Marshall said. “At the very least, consult an attorney before making any big decisions.”
Protect yourself. Know your rights.
If you’ve been pulled over, charged, or have questions about your situation, contact Bradley Marshall at Vanderpool, Frostick & Nishanian for a free consultation.
Call 703-369-4738
Visit vfnlaw.com
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