My dad owns a 2009 Infiniti G37 Coupe, It's his car, not mine, he's the only one on the registration and insurance. Recently he went on 3 month trip overseas and gave me full permission to use the car while he's away. The problem is i live in Toronto and he's from Hamilton and the car is registered in Hamilton. I'm getting a lot of heat from the police while driving the car around Toronto, they stop me, check the car is not stolen, i have been pulled over 6 times since Halloween. I got sick and tired of being profiled and stopped so during the latest traffic stop I provided the officer with my license, registration and insurance but kept completely silent when he asked the obvious questions of " who's car is this?" This made him extremely agitated and he threatened to tow the car away and have it impounded if I didn't speak to him and answer his questions. The thought of my dad's car being towed got me scared so I talked and was on my way within minutes. So my question is: If I invoke my constitutional rights under the charter to not talk to the police, however provide them any documents they request, can they tow my dad's car away because they couldn't verify I had permission to drive it?
My dad owns a 2009 Infiniti G37 Coupe, It's his car, not mine, he's the only one on the registration and insurance.
Recently he went on 3 month trip overseas and gave me full permission to use the car while he's away. The problem is i live in Toronto and he's from Hamilton and the car is registered in Hamilton.
I'm getting a lot of heat from the police while driving the car around Toronto, they stop me, check the car is not stolen, i have been pulled over 6 times since Halloween. I got sick and tired of being profiled and stopped so during the latest traffic stop I provided the officer with my license, registration and insurance but kept completely silent when he asked the obvious questions of " who's car is this?" This made him extremely agitated and he threatened to tow the car away and have it impounded if I didn't speak to him and answer his questions. The thought of my dad's car being towed got me scared so I talked and was on my way within minutes.
So my question is: If I invoke my constitutional rights under the charter to not talk to the police, however provide them any documents they request, can they tow my dad's car away because they couldn't verify I had permission to drive it?
The question is do you have proof the owner is your dad and not just some guy with the same last name? Young guys in fast cars can sometimes cause problems and I'm not saying you are a problem. If the issue of the police is bothering you you can file a complaint with the TPS. If the traffic stops continue after that then you have harassment case.
The question is do you have proof the owner is your dad and not just some guy with the same last name?
Young guys in fast cars can sometimes cause problems and I'm not saying you are a problem. If the issue of the police is bothering you you can file a complaint with the TPS. If the traffic stops continue after that then you have harassment case.
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com
Initially i didn't, however he has faxed me over a signed letter stating i have permission to use his vehicle. I just don't understand why i have to go to such extreme as providing a officer a letter from the original owner to prove i'm not a car thief. I would be really interested to read where in the HTA it stays that i must prove i have permission to drive someone else vehicle, shouldn't my comments to the cops be enough. Under the OHTA can the police tow away a vehicle if the driver refuses to confirm they have permission to drive the vehicle? Or in my case just keeping silent.
Reflections wrote:
The question is do you have proof the owner is your dad and not just some guy with the same last name?
Initially i didn't, however he has faxed me over a signed letter stating i have permission to use his vehicle.
I just don't understand why i have to go to such extreme as providing a officer a letter from the original owner to prove i'm not a car thief. I would be really interested to read where in the HTA it stays that i must prove i have permission to drive someone else vehicle, shouldn't my comments to the cops be enough.
Under the OHTA can the police tow away a vehicle if the driver refuses to confirm they have permission to drive the vehicle? Or in my case just keeping silent.
and people never ever lie to the police it then goes into criminal investigation, to see if the person driving "has taken a motor vehicle without consent". Which does happen more often than many think.....parents are asleep or out of town and teen takes their vehicle for a joy ride. Raises more concern that the driver address does not match the address of the owner. So the owner would try to be located by phone, or have a cruiser or another police service try and locate the owner. If the search for the owner is going to be extensive, then hold onto the vehicle. Simply, keep the insurance, ownership and the letter with you and present it when stopped.
nexxen90 wrote:
shouldn't my comments to the cops be enough.
and people never ever lie to the police
Under the OHTA can the police tow away a vehicle if the driver refuses to confirm they have permission to drive the vehicle? Or in my case just keeping silent.
it then goes into criminal investigation, to see if the person driving "has taken a motor vehicle without consent". Which does happen more often than many think.....parents are asleep or out of town and teen takes their vehicle for a joy ride. Raises more concern that the driver address does not match the address of the owner.
So the owner would try to be located by phone, or have a cruiser or another police service try and locate the owner. If the search for the owner is going to be extensive, then hold onto the vehicle.
Simply, keep the insurance, ownership and the letter with you and present it when stopped.
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
This is why the officers word is trusted before a civilian...... The issue being raised here is: Why would nexxen90 be pulled over 6 times since Halloween???? Make some notes on the questions you are being asked and see if they are the same over and over. The officers usually are just doing their jobs, but they could be over doing it.
hwybear wrote:
and people never ever lie to the police
This is why the officers word is trusted before a civilian......
The issue being raised here is: Why would nexxen90 be pulled over 6 times since Halloween????
Make some notes on the questions you are being asked and see if they are the same over and over. The officers usually are just doing their jobs, but they could be over doing it.
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com
you could try and go into a station and tell them about your situation.... depending on who's working the desk they could put a note on locals about it....
you could try and go into a station and tell them about your situation.... depending on who's working the desk they could put a note on locals about it....
- also could be several different shifts and a different officer assigned to a zone each time. - maybe there is high break and enters in this area and then a vehicle registered "out of town" is there?
Reflections wrote:
The issue being raised here is: Why would nexxen90 be pulled over 6 times since Halloween????
Make some notes on the questions you are being asked and see if they are the same over and over. The officers usually are just doing their jobs, but they could be over doing it.
- also could be several different shifts and a different officer assigned to a zone each time.
- maybe there is high break and enters in this area and then a vehicle registered "out of town" is there?
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
Don't ever try that! Like Bear said the cop has many reasons to suspect you. He can also make up any probable cause to impound your car, so do what he asks. Do not challenge a police officer, a good officer may turn into a bad apple if being challenged. If you insist to invoke your constitutional rights, make sure you have your lawyer's number handy.
nexxen90 wrote:
So my question is: If I invoke my constitutional rights under the charter to not talk to the police, however provide them any documents they request, can they tow my dad's car away because they couldn't verify I had permission to drive it?
Don't ever try that! Like Bear said the cop has many reasons to suspect you.
He can also make up any probable cause to impound your car, so do what he asks. Do not challenge a police officer, a good officer may turn into a bad apple if being challenged.
If you insist to invoke your constitutional rights, make sure you have your lawyer's number handy.
Excellent Question! Just came back from school (studying at U of T) and it happened again, pulled over the moment i got off the DVP. This time i had the letter and handed it to the cop, she stilled asked me to step outside the vehicle while her partner decided to walk around the car and examine if i had any suspicious things. This time they were actually very polite and understanding, still doesn't excuse the traffic stop. I'm going try install a video camera in the car and start recording this traffic stops, put them on youtube, maybe just maybe if i flex my constitutional rights and talk back i might document something interesting.
Reflections wrote:
The issue being raised here is: Why would nexxen90 be pulled over 6 times since Halloween????.
Excellent Question!
Just came back from school (studying at U of T) and it happened again, pulled over the moment i got off the DVP. This time i had the letter and handed it to the cop, she stilled asked me to step outside the vehicle while her partner decided to walk around the car and examine if i had any suspicious things. This time they were actually very polite and understanding, still doesn't excuse the traffic stop. I'm going try install a video camera in the car and start recording this traffic stops, put them on youtube, maybe just maybe if i flex my constitutional rights and talk back i might document something interesting.
What part of Toronto are you living in? In some neighbourhoods, a university-aged guy driving a 2009 Infiniti G37 is going to get a lot of attention from the cops. If you don't mind me asking, what colour is the car? Does it have any slight window tinting? The reason I ask is that the G37 and some cars similar to it are known to be driven by gang members and drug traffickers in Toronto, specifically in parts of Scarborough, Keele/Eglinton, Jamestown and Jane/Finch. They are also uber-hot theft targets, usually to be sold to the same people. There is a possibility that, for whatever reason, a flag was put on the licence plate. Any of those reasons may be the "trigger" behind the repetitive traffic stops. Example: I live in Scarborough. One of my neighbours drives a black BMW. He's in his late 20s but looks younger. He's got money because he's some sort of computer animation guru with a film production company. He gets stopped all the time... and I mean, ALL the time, but it's pretty much limited to when he's in Scarborough and not so much around where he works.
nexxen90 wrote:
I'm getting a lot of heat from the police while driving the car around Toronto, they stop me, check the car is not stolen, i have been pulled over 6 times since Halloween.
What part of Toronto are you living in? In some neighbourhoods, a university-aged guy driving a 2009 Infiniti G37 is going to get a lot of attention from the cops. If you don't mind me asking, what colour is the car? Does it have any slight window tinting?
The reason I ask is that the G37 and some cars similar to it are known to be driven by gang members and drug traffickers in Toronto, specifically in parts of Scarborough, Keele/Eglinton, Jamestown and Jane/Finch. They are also uber-hot theft targets, usually to be sold to the same people. There is a possibility that, for whatever reason, a flag was put on the licence plate. Any of those reasons may be the "trigger" behind the repetitive traffic stops.
Example: I live in Scarborough. One of my neighbours drives a black BMW. He's in his late 20s but looks younger. He's got money because he's some sort of computer animation guru with a film production company. He gets stopped all the time... and I mean, ALL the time, but it's pretty much limited to when he's in Scarborough and not so much around where he works.
probable cause Is that not gone now, replaced by reasonable and probable grounds? And the 2 actualy have a slight different meaning? Or am i backwards?
nexxen90 wrote:
He can also make up any probable cause
probable cause
Is that not gone now, replaced by reasonable and probable grounds? And the 2 actualy have a slight different meaning? Or am i backwards?
I would just ask him if it was reported stolen? If not, "Am I free to go now? I have better things to do than sit here being overtaken by all those slow motorists I worked so hard at passing!" ...yadda, yadda, yadda... Then from jail, I would call my lawyer! :P
I would just ask him if it was reported stolen? If not, "Am I free to go now? I have better things to do than sit here being overtaken by all those slow motorists I worked so hard at passing!"
I find it difficult to believe, in a City the size of Toronto that you are being "targeted" as you suggest. There has to be some reason you are continually getting stopped. It could be your driving, could be something you or your friends are involved in or any number of other things. Funny thing, if your Dad's car was stolen you'd be pretty happy the car was continually being stopped. Sounds to me like you are looking for a confrontation with Police by your statement and your previous actions of "remaining silent" which didn't work out too well for you. I can assure you, your efforts to try and antagonize an officer to elicit an unprofessional response will likely produce the same poor results.
I find it difficult to believe, in a City the size of Toronto that you are being "targeted" as you suggest. There has to be some reason you are continually getting stopped. It could be your driving, could be something you or your friends are involved in or any number of other things.
Funny thing, if your Dad's car was stolen you'd be pretty happy the car was continually being stopped.
maybe just maybe if i flex my constitutional rights and talk back i might document something interesting.
Sounds to me like you are looking for a confrontation with Police by your statement and your previous actions of "remaining silent" which didn't work out too well for you. I can assure you, your efforts to try and antagonize an officer to elicit an unprofessional response will likely produce the same poor results.
Ah yes, blame me, surely the police are right all the time, I must be doing something wrong? Why would I waste my time posting on a public forum if knew the reason I was getting pulled over, I came here to ask for help, not be accused of being a criminal in disguise. Exercising my legal rights to remain silent is now considering "confrontation with Police"? Installing a video camera as an impartial witness in my dealings with the cops is confrontation with police? I find it sad that you consider anyone who stands up for their charter of rights and respects the law is considered, in your eyes, someone thats looking for trouble. I live near U of T downtown, townhouse i share with 2 other students, however i work near Finch Ave W and Weston Rd area, i have been pulled over mostly in that area. The car is black with factory tinted windows, also has aftermarket dark color rims, looks like ghost at night lol.
cruzmisl wrote:
could be something you or your friends are involved in or any number of other things.
Ah yes, blame me, surely the police are right all the time, I must be doing something wrong?
Why would I waste my time posting on a public forum if knew the reason I was getting pulled over, I came here to ask for help, not be accused of being a criminal in disguise.
cruzmisl wrote:
Sounds to me like you are looking for a confrontation with Police by your statement and your previous actions of "remaining silent". I can assure you, your efforts to try and antagonize an officer to elicit an unprofessional response will likely produce the same poor results.
Exercising my legal rights to remain silent is now considering "confrontation with Police"? Installing a video camera as an impartial witness in my dealings with the cops is confrontation with police? I find it sad that you consider anyone who stands up for their charter of rights and respects the law is considered, in your eyes, someone thats looking for trouble.
Radar Identified wrote:
What part of Toronto are you living in?.
I live near U of T downtown, townhouse i share with 2 other students, however i work near Finch Ave W and Weston Rd area, i have been pulled over mostly in that area.
Radar Identified wrote:
If you don't mind me asking, what colour is the car? Does it have any slight window tinting?
The car is black with factory tinted windows, also has aftermarket dark color rims, looks like ghost at night lol.
I said "could" and never accused you of anything. If you are going to record a conversation and "talk back" you are undoubtedly going to provoke a confrontation. You are doing this in hopes of posting it on youtube and the like to reduce the credibility of the Police Service you are dealing with. Based on your response I can see why you are stopped all the time. BTW no car comes with factory tinted windows. If your side windows are tinted you can be pulled over anytime, regardless of how dark the tint is.
could be something you or your friends are involved in or any number of other things.
I said "could" and never accused you of anything.
maybe just maybe if i flex my constitutional rights and talk back i might document something interesting
If you are going to record a conversation and "talk back" you are undoubtedly going to provoke a confrontation. You are doing this in hopes of posting it on youtube and the like to reduce the credibility of the Police Service you are dealing with.
Based on your response I can see why you are stopped all the time.
BTW no car comes with factory tinted windows. If your side windows are tinted you can be pulled over anytime, regardless of how dark the tint is.
My car has factory tinted windows. It's not a film and cannot be removed. You can be pulled over any time, regardless of anything. The police may pull over anyone driving or seen driving on a public road to check that documents are in order.
cruzmisl wrote:
BTW no car comes with factory tinted windows. If your side windows are tinted you can be pulled over anytime, regardless of how dark the tint is.
My car has factory tinted windows. It's not a film and cannot be removed.
You can be pulled over any time, regardless of anything. The police may pull over anyone driving or seen driving on a public road to check that documents are in order.
You could politely ask the officer why you are getting pulled over so much. Explain nicely that you are just a nice fellow in a nice car but you have been pulled over X times in X weeks and see what transpires. If the officers computer has a red flag on your plate, then they must be able to "green Flag" it somehow. Once again notes and or your camera would help. Toronto did have that whole racial profiling going on and I have a doubt that it has been fully removed from all the officer's minds.
You could politely ask the officer why you are getting pulled over so much. Explain nicely that you are just a nice fellow in a nice car but you have been pulled over X times in X weeks and see what transpires. If the officers computer has a red flag on your plate, then they must be able to "green Flag" it somehow. Once again notes and or your camera would help. Toronto did have that whole racial profiling going on and I have a doubt that it has been fully removed from all the officer's minds.
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com
Now the picture is clear: Plus This is why you are being pulled over so much. Confrontation or not, unfortunately the type of vehicle you are driving, the fact that your licence plate is registered to a residence in Hamilton (far distance), you are a young male, and you are out driving around in the Finch & Weston area basically combines to be a red flag. Same thing happens to my neighbour. Next time you do get pulled over: +1.
Now the picture is clear:
nexxen90 wrote:
I live near U of T downtown, townhouse i share with 2 other students, however i work near Finch Ave W and Weston Rd area, i have been pulled over mostly in that area.
Plus
nexxen90 wrote:
The car is black with factory tinted windows, also has aftermarket dark color rims
This is why you are being pulled over so much. Confrontation or not, unfortunately the type of vehicle you are driving, the fact that your licence plate is registered to a residence in Hamilton (far distance), you are a young male, and you are out driving around in the Finch & Weston area basically combines to be a red flag. Same thing happens to my neighbour.
Next time you do get pulled over:
Reflections wrote:
You could politely ask the officer why you are getting pulled over so much.
Plus This is why you are being pulled over so much. Confrontation or not, unfortunately the type of vehicle you are driving, the fact that your licence plate is registered to a residence in Hamilton (far distance), you are a young male, and you are out driving around in the Finch & Weston area basically combines to be a red flag. Same thing happens to my neighbour. Next time you do get pulled over: +1. Thanks a lot Radar, i think your right. I have only been in Toronto for 18 months so haven't had a grasp of the "high risk" neighborhoods yet. Come to think of it, if i was cop i would be very suspicious of a car like that as-well, and getting off work at near midnight doesn't help either. I honestly don't think it has anything with race, more with "community profiling" more crime, more cops, more stops and unfortunately i got caught in the middle.
Radar Identified wrote:
Now the picture is clear:
nexxen90 wrote:
I live near U of T downtown, townhouse i share with 2 other students, however i work near Finch Ave W and Weston Rd area, i have been pulled over mostly in that area.
Plus
nexxen90 wrote:
The car is black with factory tinted windows, also has aftermarket dark color rims
This is why you are being pulled over so much. Confrontation or not, unfortunately the type of vehicle you are driving, the fact that your licence plate is registered to a residence in Hamilton (far distance), you are a young male, and you are out driving around in the Finch & Weston area basically combines to be a red flag. Same thing happens to my neighbour.
Next time you do get pulled over:
Reflections wrote:
You could politely ask the officer why you are getting pulled over so much.
+1.
Thanks a lot Radar, i think your right.
I have only been in Toronto for 18 months so haven't had a grasp of the "high risk" neighborhoods yet.
Come to think of it, if i was cop i would be very suspicious of a car like that as-well, and getting off work at near midnight doesn't help either.
I honestly don't think it has anything with race, more with "community profiling" more crime, more cops, more stops and unfortunately i got caught in the middle.
You get off work at midnight in that area on top of all of that?! If I were a cop I'd be stopping you, too. I think that we may have found the answer behind all of the stops. Truthfully, I doubt that the police are targeting you, I don't think it's anything personal - just a rather unfortunate combination of circumstances. However, if I were in your situation, the next time I get stopped I'd mention, politely, that "I've been pulled over six times in the past twelve days, is there something I should know about? Have I been flagged?" Or you could visit a police station and ask them (again, politely) the same sort of question, just in case there is something else.
You get off work at midnight in that area on top of all of that?! If I were a cop I'd be stopping you, too. I think that we may have found the answer behind all of the stops. Truthfully, I doubt that the police are targeting you, I don't think it's anything personal - just a rather unfortunate combination of circumstances. However, if I were in your situation, the next time I get stopped I'd mention, politely, that "I've been pulled over six times in the past twelve days, is there something I should know about? Have I been flagged?" Or you could visit a police station and ask them (again, politely) the same sort of question, just in case there is something else.
There are compelling reasons why the vehicle would raise suspicion, but can someone please tell me if there is a record of when a licence # has been pulled over? If so, then surely the office next pulling over the vehicle knows this when they punch in the licence #? At some point, it becomes unreasonable. I think this "some point" has come to pass. I would go to my nearest detachment and voice my concerns and ask for a note to be placed on file, if possible. This many times in such a short period, if it were happening to me, would be worrisome, and as a citizen sharing the road with others, with no criminal record or associations, I would consider it harassment if it didn't stop and file a complaint with the board. I am appreciative of Metro doing their job as is obvious here, but now it is overkill and the OP needs to be left in peace. He's earned it, and surely, there has been enough police contact to know that his story checks out. Unless of course, something very crucial to this story has been omitted.
There are compelling reasons why the vehicle would raise suspicion, but can someone please tell me if there is a record of when a licence # has been pulled over? If so, then surely the office next pulling over the vehicle knows this when they punch in the licence #?
At some point, it becomes unreasonable. I think this "some point" has come to pass. I would go to my nearest detachment and voice my concerns and ask for a note to be placed on file, if possible. This many times in such a short period, if it were happening to me, would be worrisome, and as a citizen sharing the road with others, with no criminal record or associations, I would consider it harassment if it didn't stop and file a complaint with the board. I am appreciative of Metro doing their job as is obvious here, but now it is overkill and the OP needs to be left in peace. He's earned it, and surely, there has been enough police contact to know that his story checks out.
Unless of course, something very crucial to this story has been omitted.
Some developments: Instead of walking into the Police station and Voicing my concerns with a low level officer I decided to write a 2 page Essay of my experiences with 31 Division portal cops titled " Suspicion vs. Abuse of Power : The Failure of 31 Division" and paid Canada Post to hand deliver it to Unit Commander: Superintendent, 2nd in Charge: Inspector and the Toronto Star, I made sure the cops clearly saw that cc. was the Toronto Star. I expressed the letter on Canada post with their "priority next am" service. In the letter I criticized the police for their unprofessional nature, harassment and pointless frequent stops. I honestly didn't think the letter would do anything, at approximately 2:18pm this afternoon, my cell phone rings and caller ID says " Toronto Police", to my surprise my letter reached the Unit Commander and he wanted to discuss my concerns, he kept emphasizing that his goal was to make sure that public had confidence in his division and he was alarmed I sent a copy to the Toronto Star. We had a good 20 minute talk and he admitted that his officers where " over-doing" their jobs and he would personally request that they lay off me, if they don't have strong suspicion of wrong doing. Overall he sounded sincere and we'll see what happens, haven't been pulled over yet. The cops followed me last night on Finch East towards Hwy 400 south but no traffic stop, I guess the Unit Commander's orders to leave me alone was obeyed.
Some developments:
Instead of walking into the Police station and Voicing my concerns with a low level officer I decided to write a 2 page Essay of my experiences with 31 Division portal cops titled " Suspicion vs. Abuse of Power : The Failure of 31 Division" and paid Canada Post to hand deliver it to Unit Commander: Superintendent, 2nd in Charge: Inspector and the Toronto Star, I made sure the cops clearly saw that cc. was the Toronto Star. I expressed the letter on Canada post with their "priority next am" service.
In the letter I criticized the police for their unprofessional nature, harassment and pointless frequent stops. I honestly didn't think the letter would do anything, at approximately 2:18pm this afternoon, my cell phone rings and caller ID says " Toronto Police", to my surprise my letter reached the Unit Commander and he wanted to discuss my concerns, he kept emphasizing that his goal was to make sure that public had confidence in his division and he was alarmed I sent a copy to the Toronto Star. We had a good 20 minute talk and he admitted that his officers where " over-doing" their jobs and he would personally request that they lay off me, if they don't have strong suspicion of wrong doing. Overall he sounded sincere and we'll see what happens, haven't been pulled over yet.
The cops followed me last night on Finch East towards Hwy 400 south but no traffic stop, I guess the Unit Commander's orders to leave me alone was obeyed.
Last edited by nexxen90 on Thu Nov 12, 2009 3:51 pm, edited 1 time in total.
:shock: You've got the balls of a brass monkey, fella. I congratulate you on the outcome, though the means are not something I would've considered! Yowzers!
You've got the balls of a brass monkey, fella. I congratulate you on the outcome, though the means are not something I would've considered!
For your situation, you did what you had to do. If the officers followed you and did nothing, this is step in the right direction. Your written "essay", haven't used that word in a while, was just what was needed. I judge by your posts here that you are educated to the point of presenting your case with enough vigor, and without derogitory remarks, that you were taken seriously. Well done and keep us posted..
For your situation, you did what you had to do. If the officers followed you and did nothing, this is step in the right direction. Your written "essay", haven't used that word in a while, was just what was needed. I judge by your posts here that you are educated to the point of presenting your case with enough vigor, and without derogitory remarks, that you were taken seriously.
Well done and keep us posted..
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com
I'm Officially declaring my problem solved! Thank You to everyone that helped me out, my saga of being pulled over is officially over! It's been almost one week and absolutely no traffic stops, no looks, no tailing, nothing! I feel like just a normal "Joe" driving around Toronto. My situation went from being pulled over at least once a day, harassed numerous times, to complete freedom! OHTA Community has served me well, thank you!
admin wrote:
Great Job man! That's the way to work the system. Public awareness scares them and so do essays!
I'm Officially declaring my problem solved!
Thank You to everyone that helped me out, my saga of being pulled over is officially over! It's been almost one week and absolutely no traffic stops, no looks, no tailing, nothing! I feel like just a normal "Joe" driving around Toronto. My situation went from being pulled over at least once a day, harassed numerous times, to complete freedom!
Don't ever try that! Like Bear said the cop has many reasons to suspect you. He can also make up any probable cause to impound your car, so do what he asks. Do not challenge a police officer, a good officer may turn into a bad apple if being challenged. If you insist to invoke your constitutional rights, make sure you have your lawyer's number handy. Isn't it ironic that someone insinuates that people often lie to the police....then you get told that the cop could ' make up any probable cause to impound your car' What you need to remember is that the police are OUR public servants. Unfortunately they now seem to believe its the other way around. We all still have constitutional rights and have every right to to invoke them. print off a copy of the section you need and carry it with you. Also I would definitely get a camera and audio equipment in your car...it is a necessity these days.... Also I advise more people to take heavy handed cops to task. Start standing up for yourselves, claim your rights and don't put up with the harassment. They are not paid to harass they are paid to protect and serve us...about time they got it right !!!
liveontheedge wrote:
nexxen90 wrote:
So my question is: If I invoke my constitutional rights under the charter to not talk to the police, however provide them any documents they request, can they tow my dad's car away because they couldn't verify I had permission to drive it?
Don't ever try that! Like Bear said the cop has many reasons to suspect you.
He can also make up any probable cause to impound your car, so do what he asks. Do not challenge a police officer, a good officer may turn into a bad apple if being challenged.
If you insist to invoke your constitutional rights, make sure you have your lawyer's number handy.
Isn't it ironic that someone insinuates that people often lie to the police....then you get told that the cop could ' make up any probable cause to impound your car'
What you need to remember is that the police are OUR public servants. Unfortunately they now seem to believe its the other way around.
We all still have constitutional rights and have every right to to invoke them. print off a copy of the section you need and carry it with you. Also I would definitely get a camera and audio equipment in your car...it is a necessity these days....
Also I advise more people to take heavy handed cops to task. Start standing up for yourselves, claim your rights and don't put up with the harassment. They are not paid to harass they are paid to protect and serve us...about time they got it right !!!
Congratulations on the way you handled it, nexxen90. Glad it's worked out as it should. It would be even nicer if the problem had never arisen at all, of course, but we do live in the real world, and stuff happens. Just a thought... have you considered sending a follow-up letter to the same exalted personages, noting what has transpired, and confirming that the problem has gone away, leaving you able to carry on a normal life again (assuming, of course, that it has gone away for good)? Jeez, maybe they'll hire you to head up a civilian review board or something.
Congratulations on the way you handled it, nexxen90. Glad it's worked out as it should. It would be even nicer if the problem had never arisen at all, of course, but we do live in the real world, and stuff happens.
Just a thought... have you considered sending a follow-up letter to the same exalted personages, noting what has transpired, and confirming that the problem has gone away, leaving you able to carry on a normal life again (assuming, of course, that it has gone away for good)? Jeez, maybe they'll hire you to head up a civilian review board or something.
I will be going to trial for my red light camera offence.
I'll be arguing two issues, centered on the fact that there are two essential elements of 144(18) - a) a vehicle approaching the intersection shall stop; and b) the vehicle shall not proceed until green. Both essential elements must be contravened beyond a reasonable doubt to be an offence.
1) My ticket says I (being the owner) am "charged…
I know that the RIDE program has been covered extensively in these great forums, but I have a question about the stop itself:
I recently was stopped for a RIDE Program and the officer asked me to roll the window down all of the way (I had it at half and could easily communicate with them). I told them that I could hear them just fine and they insisted I roll it down all of the way. Again I told…
Not sure the right place for this so if it needs to be moved please do so.
I was stopped today for 15 over the speed limit, I gave all the documents to the officer and he said he could not accept a photocopy of my ownership only the original I had a photo copy front and back and I had my plate sticker number with it.
he gave me a ticket for HWY ACT Section 7(5)(a) he said only the original would…
Hey! I'm from Sudbury Ontario. Hope that general talk is fine for this subject
I am very serious about looking for exact ruling about underfacing lighting
Section 14 clearly states:
Red and blue lights to the front restricted
(14.1) In addition to the lighting requirements in this Part, a police department vehicle may carry lamps that cast red and blue lights, but no other motor vehicle shall carry…
i was driving my dad's car when i was caught by the red light camera in Brampton. My dad would've to take time off work to go ask for a trial and then go to one.
Can i represent him? if yes, what do i need to do?
I was pulled over and told I went through a red light during a right turn. I learned through a friend who is a police constable that the one who pulled me over is new to the job (under a year, and possibly even the first month or two of real duty).
I was given a ticket for $180. I have some questions:
(1) Is this offense automatically associated with 3 demerit points? I see no mention of them on…
I got a ticket for 'Disobey Stop Sign' in November of 2013 (in York Region), requested disclosure and went to court in August of 2014. At my first appearance, I did not plea but requested an ajournment to to consult legal advice. The JOP set the next appearance in September.
I contacted a paralegal about my options. He told me that on my next appearance, if the police officer did not show, the…
I had a trial and found guilty, but the trial seemed to go wrong since the beginning.
The JP asked me if i am intending to take the stand- I said NO.
I asked how to submit my evidence-documents and photos.
JP said-i have to take the stand if i want to submit evidence.(Now i am finding this is wrong-i could introduce my evidence during cross examination and my defense would be much stronger)
Ottawa, Canada (AHN) - Beginning Tuesday, or April Fool's Day 2008, fines on Quebec drivers caught overspeeding will be doubled. It is not only the money penalty that will go up, but also demerit points.
The new law, Bill 42, is similar to Ontario's street racing rule. It stipulates fines for motorists who drive at over 40 km/h at under 60 km/h zones, speed at 50 km/h at 60 to 90 km/h areas and…
Make big trucks go slower and the roads will become safer.
Obvious, isn't it? It's also obvious when you look out the window that the world is flat.
Last Monday, truckers in Ontario tried to mount a convoy to Queen's Park to show their opposition to electronic speed limiters. These devices, electronic chips in trucks' engine management systems, restrict speeds…
I was out on a four lane highway around Orangeville Ontario and I noticed a school bus coming south (I was going north). I kept my eyes on the bus in case it was going to stop. As I approached it, it was slowing down a little, but no lights, and especially no arm with the STOP sign. As I was just about to pass the bus, I still did not see the lights, nor did I see the STOP sign.
Hey everyone first off I'd like to say great website, I have been reading and it is very useful
I'm posting today as I'd like to get some feedback on my situation and have a couple of questions. Please excuse the vagueness in some areas - I don't want my case to be identifiable given the small town.
So I was driving up north and was pulled over by an OPP SUV for doing 31 over. Cop drove past me,…
Driving on a 80km/hr highway the car ahead hits the brakes and slows to 55, l slow down right behind him no reason to slow down traffic was moving between 80 and 90. I notice the driver is on the phone and looking through papers on the passenger seat. He begins to start to go a opp officer drives by doing 80 plus in oncoming lane turns around and says l was following to close. Told him what was…
My son was making a right turn at the intersection he had a green so slowed down looked and proceeded into the turn. It was pouring rain and the was a big pool of water as he got arround the curb. He tried to keep the car going sharp right however it slid into the car making a left turn. the lane he was turning into is very narrow and at a very busy corner. He paniced and left the scene only…
I had an collision the other day. I was turing left and ran into a car going straight in the opposite direction. The insurance company has already determined that I'm at fault, since I made the left turn. But I'm wondering whether I should go on trail and at least I might get rid of the ticket. The ticket was under 142(1)
I was told that if I go on court, both the guy I hit and the officer who…
question for a friend of mine.....says she got a 3 day suspension for giving a A on a roadside. Thing is she wasnt driving. She is a g2 driver and the car was parked in a parking lot, she just ran out to get something and turned the car on. Can a 3 day be issued if you arent driving on a highway - (I've read for impaired it doesnt matter, but 3 day isnt criminal)? And is there any way to…
I can't find the category for this post so I'm posting it here.
Two questions...
1. Are golf carts considered a 'vehicle' under the Highway traffic act? I know carts can't drive across roads or on roads but if you try to bring one from the USA into Canada they are considered a 'vehicle'.
2. If you are on private property are you allowed to carry 'opened' alcohol in your golf cart? I know golf…
I got pulled over (along with about 10 other cars) for going through a road closed sign. I had just pulled out of a parking lot pretty much right beside the road closed sign, and with about 4 cars behind me there wasn't much I could do but go through, so I think I have a good chance of fighting it. However, on my ticket under the Signature of issuing Provincial Offences Officer, it's left…
I was driving westbound on Hwy. 8 earlier this month in North Dumfries Township, approaching the Cambridge city limits. The weather was clear and the roads were dry. I noticed a vehicle on the shoulder on my side of the road, pointing towards me. This didn't concern me right away, as it is a rural area and I sometimes see vehicles doing mail delivery. The vehicle then started accelerating and…
I was pulled over yesterday in a community safety zone and told I was doing 84 in a 50. When i passed the officer I looked at my odometer and I was only doing 64. I was given a summons on the spot to appear in court at the end of June. Do I have any chance in this if it comes down to his word over mine. I was in the car alone but have travelled these same roads every day, twice a day for 6 years…
who is at fault when :a) a passenger opens door and jumps out of vehicle onto the road with traffic. b) he gets hit by a car travelling in the adjoining lane. c) traffic lights were green. d) pedestrian crossing was further up and indicated "no crossing" light e) the vehicle that he exited from leaves the scene as soon as accident occurred. f) no charges have been laid after police filed report…
