· Traffic law · Translated from the Hebrew original
If a traffic officer has stopped you on suspicion of an offence, the most important decision is made in the first minutes, before anything is said. Explanations and justifications on the spot almost never help and often harm: they go into the report and become evidence against you.
Why what is said at the roadside weighs so much
The officer records your words, and the first version accompanies the file to the end. Any later clarification by the defence will look like a change of version. A sentence such as "I only went a little over", said to lower the tension, becomes in the investigation material an admission of the violation itself, and from there on the argument is no longer about the offence itself but only about its extent.
What you must do
- Stop and show your driving licence, vehicle licence and insurance certificate.
- Give your details.
- Comply with a lawful demand for a drunk-driving test: refusing to be tested is treated by law as drunk driving.
What you are not required to do
- Explain why you drove as you did.
- Admit an offence or agree with the officer's version.
- Argue and try to persuade on the spot: this is not the place and he is not the audience.
A factual statement such as "I will exercise my right to consult a lawyer and give my version later" sounds reasonable and is not considered obstruction.
What it is worth documenting yourself
- Witnesses: names and phone numbers. If there are people nearby whose version supports you, demand that their details be recorded in the report.
- The scene: photographs of the road, the markings, the signs, the weather and the position of the vehicles.
- The device: if a speed or alcohol measurement was taken, note the model, number and time; the calibration certificate will be needed later.
- Time and place, the patrol car number and the officer's name.
Whether to sign the report or not
A signature shows that you read the document, not that you agree with it. Read it in full, and if what is written does not match what happened, demand that a remark be recorded. Refusing to sign does not help you: the report will be drawn up in any case, and you will lose the chance to record your objection.
The deadlines you must not miss
Every document has its own deadline: for paying the fine, for filing a request to be tried, for appeal and for challenging an administrative suspension. Missing a deadline usually means that the decision has taken effect, and from then on only a request for an extension of time, with reasons, remains. Therefore the first step after receiving a document is to check the date, not to put the envelope aside.
When it is worth fighting
Not every report is hopeless. The calibration and aim of the device, the position of the camera or the patrol car, the identification of the driver and the correctness of the procedure are checked. In some cases the result is cancellation, in others a significant reduction of the penalty. We examine the material and say explicitly whether it is worth going to court or aiming for the minimum penalty.
What to do instead of arguing
- Hand over the required documents and avoid unnecessary remarks.
- Immediately note for yourself the time, place, weather, state of the signs and the patrol car number.
- Photograph the scene: road markings, signage, the position of the vehicle.
- Ask that your remark be recorded in the report, instead of insisting that the officer cancel it.
Why arguing harms you later
Every statement on the spot is documented and may be used later. An improvised version given under the pressure of the moment is hard to correct in court, and sometimes it closes off better lines of defence. It is better to give factual details only and leave the legal argument to the proceedings themselves.
The right way to challenge a report
A report has its own track: a request for cancellation or a request to be tried, each on its own timetable. Missing the deadlines makes any good argument pointless, so it is important to check the dates on the report on the same day.
This article is general information only and is not a substitute for legal advice.