Arrested for Getting Out of Your Car? When a Traffic Stop Becomes a Power Trip

By: John Guidry

We all know the type. The officer who approaches your window not just to write a ticket, but to assert dominance. The officer who treats a minor traffic infraction like a major felony takedown.

Sometimes, police officers forget that their power has limits. They cannot simply order a citizen to do “whatever they choose” just because they have a badge.

In a recent case, I defended a client who was arrested for Resisting Without Violence simply because he stepped out of his car during a traffic stop. The reason he stepped out? He had a medical emergency. The reason he was arrested? He didn’t get back in fast enough to satisfy the officer’s ego.

Charged with Resisting an Officer for a minor disagreement?

If the officer’s order wasn’t lawful, the charge shouldn’t stick. Call John today at (407) 423-1117.

The Situation: A Medical Emergency

Here are the facts of the case:

• The Stop: My client was pulled over for speeding. A standard moving violation.
• The Exit: My client immediately exited his vehicle. He wasn’t trying to flee or fight; he assumed it was what the officer would want (and frankly, he was in distress).
• The Emergency: My client suffered from a medical bowel condition and needed to relieve himself immediately.
• The Order: The officer screamed at him to get back in the vehicle.
• The Arrest: My client tried to explain his medical emergency, but the officer wouldn’t listen. When my client didn’t immediately re-enter the car (because doing so would have caused a mess), he was arrested.

The Law: Safety vs. “Simon Says”

The charge was Resisting an Officer Without Violence (Florida Statute 843.02). To prove this crime, the State must prove that the officer was engaged in the “lawful execution of a legal duty.”

If the officer’s order is arbitrary, capricious, or serves no safety purpose, the citizen is not required to obey it.

The “Safety” Paradox Legally, officers usually argue that they want people out of cars for safety.

• In Pennsylvania v. Mimms and Maryland v. Wilson, the U.S. Supreme Court ruled that officers can order drivers and passengers out of vehicles because it is safer for the officer (no hidden weapons, no ability to run them over).

So, if the Supreme Court says it is safer for you to be outside the car, why did this officer arrest my client for being outside? Because it wasn’t about safety. It was about control.

Why We Filed to Dismiss

We filed a Motion to Dismiss arguing that the officer’s command to re-enter the vehicle was arbitrary and without justification.

• No Threat: My client was standing in plain view, unarmed, trying to explain a medical issue.
• No Safety Concern: As established by the Supreme Court, a driver standing outside is generally less of a threat than one sitting inside a dark car.
• The “Stand on Your Head” Test: If an officer ordered you to stand on your head during a traffic stop, would you have to do it? No. Because that order has no connection to the traffic stop.

Ordering a man with a bowel emergency back into a car when he is already safely outside is just as arbitrary as telling him to stand on his head. It serves no purpose other than humiliation or a power trip.

John’s Takeaways

• “Resisting” is a Catch-All: Police often use the “Resisting Without Violence” charge when they don’t have a real crime to charge you with, but you annoyed them. It is the “Contempt of Cop” charge.
• Orders Must Be Lawful: You must obey police orders, but those orders must be lawful. If an order is unreasonable or impossible to comply with (due to a medical emergency), you may have a defense.
• Communication Breakdown: In this case, the officer refused to listen. If he had taken two seconds to hear “I have a medical condition,” the entire arrest could have been avoided. Instead, he chose handcuffs.

Don’t Let an Ego Trip Ruin Your Record

If you were arrested for “Resisting” simply because you asked a question, hesitated, or had a medical emergency, the arrest might be unlawful.

Call me at (407) 423-1117. Let’s fight the power trip.

About John Guidry II

John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.

Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.

Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.

When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.