‘That can start an investigation’: Lawyer reveals the 7 things you should never keep in your car

No one enjoys being pulled over while driving, but in case it happens to you, you can make sure the situation does not escalate by making sure these seven items are never in your car. 

Claire Highland (@clairehighlandlaw) is a criminal defense attorney and she recently posted a video to TikTok listing things that are not a good idea to have in your car. As the lawyer says, “If you are stopped by a police officer, anything within plain view comes in as evidence. So you don’t want illegal things or suspicious things laying out on the seat next to you where an officer can see it.”

So what are the seven items she lists as things to avoid keeping in your car?

Smell of intoxicants

The first thing Highland lists is the smell of any kind of smoke or alcohol. 

“The number one reason that DUI investigators begin is because the officer says they can smell the odor of intoxicants. So don’t light up in your car if you don’t want that to happen to you,” Highland warns. 

She adds that even people who work at bars and smell of alcohol because they may have spilled a drink on themselves could find themselves being investigated if they get pulled over.

Open containers 

The next is open containers. "In most states that’s going to get you an infraction, but it’s also enough to start a DUI investigation,” Highland says.

Driving under the influence is a serious offense in every state, and DUI laws such as those that prohibit open containers aim to prevent serious injury or death that can be caused when people drive while intoxicated. 

Open container laws not only apply to the driver, but also to the passengers of any vehicle, except when that passenger is in a bus, taxi, or other “for hire” vehicle.

Weapons

“States are gonna vary on what the laws are regarding carrying weapons, but there are so people I know who have had weapons they shouldn’t have had, or in ways they shouldn’t have had them in sight in their car,” Highland says.

This seems like an obvious one, but it’s also helpful to know exactly what qualifies as a weapon according to the state you live in.

Highland provides some examples, saying, “Some weapons that may be surprising to people are actually illegal. So for example, brass knuckles and butterfly knives are illegal in most states.”

Window tints

“I am guilty of this one,” Highland admits.

Although dark window tints may seem harmless, excessively tinted windows can impede a driver’s ability to see everything going on outside the car. Dark tints can also escalate a DUI stop as police officers cannot inside the car and therefore do not know whether there’s a threat of danger.

“Technically states have limitations on how dark your windows can be, and it can be enough to get you pulled over. And once you get pulled over they’re gonna start looking for other things,” Highland explains.

Expired registration

Highland urges drivers to make sure their tags are up-to-date and that they aren’t driving with an expired trip permit on display. 

“Be aware of when they expire because you don’t want to get pulled over for a silly reason like this and then have something worse happen. All police need is an excuse to stop you,” Highland says. 

Expired tags won’t just cause a problem when you’re driving. In many states, a police officer can issue a fine even if they notice a parked car with expired tags. 

Invalid driver’s license

Driving with an invalid license will land you in a lot of trouble with the law in any state.

“If your license is suspended, that is a crime in most states, and you don’t want to be caught driving on one,” according to Highland.

But what’s worse is driving with somebody else’s license that isn’t yours. 

“If you have somebody else’s license, or a fake license, that can be charged as a misdemeanor or a felony. It can even be as serious as identity theft depending on the allegations and where you are,” says Highland. 

Paraphernalia

“Similar to open container, but don’t have any smoking devices in plain view because that’s gonna lead to an officer having suspicion that you were using it before or while driving,” warns Highland.“This really applies to anything that’s gonna make it look like you were doing something illegal,” she continues, adding, “Don’t have that anywhere that an officer would see it when they stop you.”

Paraphernalia can include anything from electronic cigarettes, plastic baggies, paper bags, pill bottles, and even baseball caps. 

Highland’s video received 1.3 million views. She told the Daily Dot that "One thing I always note is that I am only licensed to practice in the states of Washington and California, so while these tips are generally the case in most states, it is always best to double check your state laws. Also if you are dealing with a situation like this, the best thing to do is speak to a reputable criminal defense attorney in your area!"

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