Can I Refuse to Leave my Vehicle if Stopped by Law Enforcement?

YES! You should ALWAYS comply with an officer’s request to exit your vehicle. Even if you think you shouldn’t have to exit, there are several situations where an officer can legally order you out of the vehicle. If the officer does not have a legitimate lawful reason to ask you to step out of the vehicle, that issue can be raised later in the court room and the resulting evidence will be suppressed.

The law provides great deference to police on how to safely conduct a traffic stop because of concerns for officer safety. Officers frequently explain they request drivers to step out of their vehicles so they could have a full visual of the person. It may be the case that what they really want is to see how you stand and smell and react under their scrutiny. No matter what the officer’s true intentions are, it is not an option to refuse an officer’s order to exit your vehicle.

In short, it is not a wise idea to refuse to exit the vehicle when asked by a police officer. They will forcibly pull you out and you will be charged with obstruction of legal process. I’ve had clients tasered and hogtied by police for refusing to exit a vehicle. It is better to cooperate. If you feel the officer did not have a reason to ask you out of your car, your attorney will report it to a supervisor or Internal Affairs.

Don’t ever exit your vehicle during a traffic stop unless the officer asks you to.

If an officer is alone on a traffic stop and is awaiting a back-up unit, there are a number of other options available to that officer. If the officer thinks you are a bad actor he may be safer if he keeps you in the vehicle with your hands in full view. If the officer does not order you out of the vehicle, remain seated in the vehicle with your hands on the steering wheel in plain sight.