By Nathan Cate, Nashville Criminal Defense Attorney | Cate Law
If you live in Nashville, getting pulled over isn’t a maybe — it’s a when. Broadway on a Friday night, I-440, Briley Parkway at 2am, a lane change on Gallatin Pike. It happens.
What you do in the next ten minutes can decide whether you drive home or spend the weekend in the Davidson County jail.
I’m a criminal defense attorney. I’ve defended hundreds of people whose cases started with a traffic stop. Here’s exactly what to do — and what not to do — when those lights come on behind you.
Step 1: Pull Over Safely and Calmly
Signal. Slow down. Pull to the right shoulder, or into a well-lit parking lot if you’re on a dark stretch. Put the car in park. Turn off the engine if the stop is extended.
If it’s dark, turn on your interior dome light. This does two things: it signals to the officer that you’re cooperative, and it protects you by making the interior of your car visible from outside.
Keep your hands on the steering wheel, at 10 and 2 where the officer can see them. Don’t reach for your glove box, your wallet, or your phone until the officer asks for your license and registration.
Step 2: Be Polite. Be Brief. Say Less Than You Think You Should.
Roll the window down. Turn off the radio. Say hello.
When the officer asks “Do you know why I pulled you over?” — the honest answer is: you don’t know, and you shouldn’t guess.
Every lawyer in Nashville has seen the same thing happen a thousand times: a driver trying to be helpful talks their way into a ticket, a DUI, or a drug charge that could have been avoided. “I only had two beers.” “I wasn’t speeding that much.” “I know my tags are expired.” Those aren’t explanations — those are admissions, and they’ll show up in the officer’s report and at your hearing.
The right response is calm and short:
“I’d prefer not to answer questions, officer.”
You are legally allowed to decline to answer questions beyond identifying yourself. Use it.
Step 3: Hand Over Your License, Registration, and Proof of Insurance — and Nothing Else
Tennessee law requires you to identify yourself during a lawful traffic stop. You must provide:
- Driver’s license
- Vehicle registration
- Proof of insurance
You are not required to answer questions about where you’ve been, where you’re going, whether you’ve been drinking, or what’s in the car. Most of what police ask at a traffic stop is not required — it’s designed to build a case.
Step 4: Know What a Search Is and What It Isn’t
An officer asking “Do you mind if I take a look in the car?” is asking for your consent. You can say no.
“Officer, I don’t consent to any searches.”
Say it politely. Say it clearly. Do not get out of the car unless the officer orders you to.
If the officer searches anyway based on probable cause, a K-9 alert, or an arrest, let them. Do not physically resist. But the moment you consent, you give up the ability to challenge that search later in court — and that challenge is often the single thing that gets a case dismissed.
Step 5: If Asked to Do Field Sobriety Tests — Know the Truth
The officer can ask you to step out of the car and perform Field Sobriety Tests: the eye test (Horizontal Gaze Nystagmus), the Walk-and-Turn, and the One-Leg Stand.
You are not legally required to perform Field Sobriety Tests in Tennessee. They are voluntary.
These tests are designed to be hard. Sober people fail them when they’re tired, nervous, wearing bad shoes, on uneven pavement, or dealing with a medical condition the officer doesn’t know about. The officer is grading you, and the grade goes straight into the report.
Polite refusal:
“I’d prefer not to perform any field tests, officer.”
This is different from the breath or blood test after arrest — keep reading.
Step 6: The Breath Test — Implied Consent
Tennessee has an implied consent law (Tenn. Code Ann. § 55-10-406). By driving on a Tennessee road, you’ve agreed that if a police officer has probable cause to believe you’re under the influence, you’ll submit to a breath or blood test.
If you refuse:
- First refusal: 1-year license revocation
- Second refusal: 2-year license revocation
- The refusal itself can be used as evidence at trial
If you take the test and fail, the State has a BAC number to use against you. If you refuse, the State has the refusal to use against you.
There is no right answer that fits every situation. But whatever you choose, do not argue with the officer about it. Say your answer, once, and stop talking.
Step 7: If You’re Arrested, Do These Three Things
- Do not resist. Ever. Any physical resistance becomes a second charge — resisting arrest or assault on an officer — and it makes the original charge harder to fight.
- Say the magic words: “I want to speak to a lawyer. I’m invoking my right to remain silent.” Then actually remain silent. Not just for the officer in the car, not just for the booking officer — for everyone. Including your cellmate. Including the phone calls from the jail that are recorded.
- Call a criminal defense attorney as soon as you can. The first 48 hours matter. Bond hearings happen fast. Evidence needs to be preserved. The officer’s dash cam and body cam footage can be requested but only if someone asks for it.
What Happens Next
If you’re cited and released: you’ll get a court date. Don’t miss it. Call a lawyer before you appear.
If you’re arrested: you’ll be booked at the Davidson County Sheriff’s Office. Bond will be set. Someone who loves you will post it, or you’ll wait.
Either way, the single most important thing you can do is talk to a criminal defense lawyer before you talk to the prosecutor. The State’s first offer is almost never the best offer. And in many cases, the right motion can make the whole case go away.
One Thing I Want You to Remember
A traffic stop is not a conversation. It’s not a chance to explain yourself. It’s the start of a case that may or may not get filed against you — and everything you say or do in those ten minutes becomes evidence.
You don’t owe the officer a story. You owe yourself a defense.
Pulled Over in Nashville? Call Cate Law.
If you were cited, arrested, or searched during a traffic stop anywhere in Middle Tennessee — Davidson, Williamson, Rutherford, Sumner, Wilson, or Montgomery County — I want to hear what happened.
📞 Call or text (615) 664-8083
Free consultation. Available 24/7.
Cate Law — 222 2nd Ave N, Suite 220, Nashville, TN 37201
This article is general information, not legal advice. Every case depends on its facts. For advice on your specific situation, contact Cate Law for a free consultation.
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