Imagine this: You get pulled over, and the police officer begins questioning you. Trying to be careful, you say you’d like to call your lawyer first. Suddenly, the officer orders you out of the car and arrests you for obstructing their investigation. That’s exactly what happened to one New Jersey driver who shared their story on Avvo, a legal advice forum. This situation raises a big question—do you actually have the right to call your lawyer in the middle of a traffic stop? Here’s what you need to know before you reach for your phone.

When do you have the right to call your lawyer?

Traffic stops don’t automatically trigger the same rights as an arrest. New Jersey attorney H. Scott Aalsberg explains, “You only have a right to a lawyer once you are under custodial interrogation.” So, during the initial moments of a stop, an officer doesn’t have to let you make a call. Aalsberg notes that if you want your lawyer on the phone, “you should have done that before the officer came to your window.”

Your right to an attorney kicks in if the situation escalates to “custodial interrogation.” This happens when you’re in custody and facing questions about a suspected crime. For instance, if the officer suspects DUI and arrests you, then your right to legal counsel applies.

Are you allowed to refuse to answer questions?

You don’t have to answer every question an officer asks. Many people politely decline, saying, “I won’t answer that question without my lawyer present.” This response helps protect your rights while keeping the interaction calm. You still need to show your ID, but anything beyond that is typically optional unless the officer detains or arrests you.

Timing matters, though. As Aalsberg advises, once an officer is at your window, “you need to follow all of his demands, although you do not have to give him any admissions of guilt, confessions, etc.”

Can asking for a lawyer lead to an obstruction charge?

In the New Jersey case shared on Avvo, the driver called their attorney mid-stop to ask for advice about consenting to a search. The officer saw this as “obstruction” and arrested the driver, though authorities ultimately filed no charges. Criminal defense attorney John Steenwyk Avery called this arrest “ridiculous” and said “nothing would possibly be interfered with,” but adds that if the officer tells you not to dial your phone, you must listen. “We still have to follow that instruction.”

How to handle a traffic stop if you want legal advice

If you’re in a situation where you’d like legal advice, you have a couple of options. Some drivers try asking the officer, “Would you mind if I call my lawyer?” This approach is less likely to result in an obstruction charge, but keep in mind that the officer doesn’t have to allow the call unless you’re under custodial interrogation.

Another practical step is to record the interaction if you think things might go south. Avery recommends this approach, saying, “Do videotape, though,” to create an objective record of what happens during the stop.

Finally, you could have your lawyer on the phone before the officer even arrives at your window. Curious about how that would play out? Check out the examples in the video below: