California's New 2024 Traffic Laws

What Motorists Need to Know

Key Points of AB-2773:

1. Purpose Announcement: Officers must articulate the reason for the traffic stop before delving into further questions.
2. Enhanced Communication: The law seeks to improve communication between officers and motorists by setting a clear foundation for the interaction.
3. Phasing Out a Common Question: Officers can no longer open a conversation with the traditional “Do you know why I pulled you over?”

The Traditional Question: “Do You Know Why I Pulled You Over?” 

For years, the question “Do you know why I pulled you over?” has been a staple of traffic stops, often catching motorists off guard. While seemingly straightforward, this question has been criticized for its potential to create ambiguity and pressure during an interaction.

The Intent Behind the Question:

The traditional question serves multiple purposes from the law enforcement perspective:

1. Eliciting Admission: Officers use this question to gauge if the driver is aware of any potential violations.
2. Setting the Tone: It establishes a starting point for the conversation, allowing officers to lead into further inquiries.
   

Impact on Motorists:

For motorists, this question has been a source of uncertainty, as many may not immediately understand the reason for being pulled over. AB-2773 addresses this issue by requiring officers to clearly state the purpose of the traffic stop, fostering transparency from the outset.

How AB-2773 Shapes Traffic Stop Interactions

The enactment of AB-2773 signifies a deliberate effort to reshape the dynamics of traffic stops in California. By requiring officers to communicate the purpose upfront, the law aims to create a more transparent and respectful interaction between law enforcement and motorists.

Benefits of AB-2773:

1. Reduced Ambiguity: Motorists will have a clearer understanding of the reason for the stop from the outset.
2. Improved Communication: The law promotes a more open and communicative exchange between officers and drivers.
3. Compliance Emphasis: Officers must adhere to the new protocol, emphasizing the importance of consistent and transparent communication.

Transparency in Traffic Stops Takes Center Stage

In a significant development set to reshape traffic stops in California, the implementation of Assembly Bill 2773 (A.B. 2773) starting January 1, 2024, will bring about a notable change in how police officers interact with drivers during traffic stops. Championed by state Assemblyman Chris Holden of Pasadena and passed in 2022, this law carries profound implications for law enforcement practices.

Accountability Through Tracking

Adding another layer of accountability, A.B. 2773 necessitates that all police agencies track and monitor whether officers comply with this new requirement. This move reflects a commitment to ensuring uniform adherence to the law across various law enforcement entities.

Impact on Pretextual Stops

Beyond the surface, A.B. 2773 is poised to influence the prevalence of pretextual stops. These stops, traditionally involving minor traffic violations as a pretext for broader searches, have faced increased scrutiny due to concerns about potential racial disparities and civil rights implications. The new law, by emphasizing transparency and requiring clear communication, aims to curtail the discretionary use of pretextual stops.

Addressing Civil Rights Concerns

Civil rights advocates, including groups like Oakland Privacy, have supported A.B. 2773 as a measure to address concerns related to racial disparities in traffic stops. The law specifically targets stops based on minor infractions, such as tinted windows, objects on windshields, or broken tail lights. By mandating a straightforward and justifiable reason for stops, the law seeks to minimize potential abuses of discretionary power.

LAPD’s Response and Prior Adjustments

During a recent meeting of the Los Angeles Police Commission, LAPD officials discussed the implications of A.B. 2773 on their traffic stop procedures. Captain Steven Ramos highlighted that the law shifts the onus from drivers to officers, making it mandatory for officers to articulate the reason for the stop. The LAPD, having already acknowledged the need for changes in its pretextual stop policies, has been proactively encouraging officers to inform drivers about the purpose of stops since 2022.

From “Shoulds” to “Shalls”

Lizabeth Rhodes, who directs the LAPD’s Office of Constitutional Policing and Policy, explained that the department’s prior pretext stop policy was framed as “shoulds.” With the introduction of A.B. 2773, the legislative mandate transforms these into “shalls,” marking a shift from a strong suggestion to a legal obligation.

As California gears up for this transformative change in law enforcement practices, A.B. 2773 stands as a beacon of increased transparency, accountability, and a commitment to addressing concerns related to pretextual stops.

Stay tuned for more insights into the evolving landscape of traffic laws and their impact on policing in California.

Getting Pulled Over in California 

If you are pulled over by law enforcement in California, it’s important to remain calm and follow some key steps to ensure a safe and respectful interaction. Here’s a guide on what to do if you are pulled over in California:

• Find a Safe Location to Pull Over:
• Activate your turn signal to indicate that you acknowledge the officer’s presence.
• Look for a safe location to pull over, such as a well-lit area or a designated turnout.

• Stay Inside the Vehicle:
• Keep your seatbelt on.
• Avoid reaching for anything unless instructed to do so by the officer.
  

1. Turn Off the Engine:

• Turn off your vehicle’s engine after coming to a complete stop.
  

• Roll Down Your Window:
• Roll down your window to communicate with the officer.

• Remain Calm and Respectful:
• Stay calm and composed.
• Be polite and respectful when interacting with the officer.
  

• Keep Your Hands Visible:
• Place your hands on the steering wheel where the officer can see them.
• Avoid making sudden movements.

• Provide Requested Documents:
• When asked, provide the officer with your driver’s license, vehicle registration, and proof of insurance.
• If your documents are in the glove compartment, inform the officer before reaching for them.

• Ask for Clarification:
• If you are unsure about the reason for the stop, you can politely ask the officer for clarification.

• Do Not Admit Fault:
• Avoid admitting fault or volunteering unnecessary information.
• Stick to the facts when answering questions.
  

• Cooperate With Instructions:
• Follow any instructions provided by the officer.
• If you are issued a citation, sign it as instructed. Signing is not an admission of guilt but an acknowledgment of receiving the citation.
  
  
• Document the Stop:
• If you feel the need, you can document the interaction by taking note of the officer’s badge number, name, and the time and location of the stop.
• Use your smartphone to record audio or video, if allowed by law.

• Handle Disputes Later:
• If you disagree with the citation or believe you were treated unfairly, address the issue through appropriate channels after the stop.
• Contest the ticket through the legal process, such as Trial by Written Declaration.
  
  

Remember, the key is to remain calm, respectful, and cooperative during the traffic stop. Following these steps can help ensure a smoother interaction with law enforcement in California.