Defense attorney warns Florida drivers of a ‘straight to jail’ card during traffic stops
Say a police officer pulls you over. They come up to your window and ask for your name. But, today, you aren’t feeling super talkative. What happens? Well, in Florida at least, drivers can expect things to escalate quickly.
Andrew Simko is a former criminal prosecutor who now works as a defense attorney in the Sunshine State. This week, he’s warning Florida drivers of a traffic stop crime most of us probably haven’t heard of.
What happens if you don’t give the police your name at a traffic stop?
If a motorist refuses to identify themselves during a traffic stop, he says police will likely hand them something they might not expect: a criminal charge.
The surprise could stem from lessons like “Don’t talk to the police,” or “Always refuse to consent to a vehicle search.” This is all to avoid self-criminalization or authorities using anything you say against you. However, refusing to comply in certain ways in itself can actually lead to jail time.
“You don’t have to speak to the police, but the one thing you do have to do if you’re stopped is give them your name.”
Misdemeanor: Resisting without violence
In Florida, it’s a crime to withhold your legal name during a traffic stop. The charge is punishable by up to a year in jail, Simko says.
And anyway, if authorities want to identify you, you can just assume they’re going to eventually. Think about it: if you refuse to state your legal name, and appear combative, you’re just signing up for more and more time-consuming or even costly legal processes.
This isn’t just true in Florida. For example, around Thanksgiving last year, a 36-year-old Ohio woman gave someone else’s name when she was pulled over for a headlight violation. After she got caught lying, police charged her with criminal impersonation, aggravated unlicensed operation, and other violations associated with her true identity. During a traffic stop, it’s just best to state your name when asked.