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 got ticket for failing to stop at stop sign in Toronto. i heard that the police officer must see the stop line, if there is one, from where he was sitting. That is exactly my case, Is it a strong case? If so do i need a picture to show that there is a stop line and a picture to show that he could not see the stop line from where he was sitting?
I got a ticket, Disobey stop sign, sec 136.1.a on dec 6th
I made a left in an intersection and was pulled over by a police officer in an unmarked car who had been sitting down the road. A classic fishing hole situation. I was genuinely surprised when he stopped me and told me I went through a stop sign without even slowing down. I know to shut up and be polite and take the ticket. I…
Yesterday morning, I rear-ended someone. I was going the speed limit. The sun was directly in front of me and it blinded my windshield and my eyes. At the same time, the person in front of me stopped/slowed down (also due to the sun). I started to slow down but didn't stop and I hit them since I couldn't see anything. I was not driving too close initially. I…
I was driving in the county at night and hit a limousine stretched out side ways across the road. The limo had its lights on and had side lighting as well. The police officer charged me with careless driving because it was "fully lit up".
It took me to the next day to figure out what had happened - what I remember made no sense. What I had run across was a "false visual reference" illusion.
I was on hwy 37 trying to make my girlfriends ganadmas mass and I live an hour away and I had an hour to get there so I was going fast but not 50 over untill some idiot got on my tail soo close that I was to concentrated on him that I kept going faster untill I got pulled over at 147 on an 80 km hwy.
I alreaddy lost 3 points and this time was just the…
Hello, got stopped today for rolling a stop sign. Ticket says failure to stop, but quotes hta 1361b.
Doesn't 1361b mean failure to yield?
Is this a fatal error? Or could it be amended at trial. How can I prepare a defence if I don't know if I'm defending the failure to stop or the failure to yield?
After he was providing me with a ticket for failure to obey to the stop sign (I am pretty sure I stopped but less than 3 seconds recommended by my driver ed. instructor), I know everybody say that..as an excuse.
Then he stopped me again to return the documents.
Any advice and feed back would be really appreciated.
Can you get evidence for whether someone had an advanced green at an intersection? My dad was making a right turn on a red (after stopping) into a plaza parking lot. He got hit by someone making a left turn from the opposite lane. The driver told the officer called to the collision that he had an advance green. My dad said he came out of nowhere which makes me…
So i was driving on Eglinton Avenue East near Rosemount Ave.
The school bus was on the the curb on the opposite side of the road while i was travelling on the middle lane of the three-laned Eglinton Avenue East (five lanes apart plus a raised median island seperating the traffic)
I could not see the school bus as my view of the bus was being obstructed by the cars in front of me and on my left hand…
Lots of good information on getting disclosure from the Crown here.
Now, I am just wondering if I will be relying upon evidence of my own at trial... do I have to voluntarily send this material to the Crown in a reasonable time before the trial, or only if they request disclosure from me?
This morning I had an exam for university. I was studying the entire night and i wanted to catch like maybe 1-2 hours of sleep before the exam so i went to sleep. I woke up like 5 hrs after and realize that I was about to miss my exam. I still could have made it so I asked my dad for his car since I was in a huge rush and he gave it to me.
I went on the highway and I was going at 135 km/h but…
the police officer was in in the opesite oncumming lane he was fallowing another car so close that i was not even able to see his cruser till he was buy he said that i was going 111 in a 80 he said he hade me on radar he only asked for me drivers licencs and never asked for my insurence so on the ticket there no insurence dose enyone think i can beat this i wana take it to cort becuse he was…
Hi I have a couple questions so I'll explain my situation and any advice would be appreciated.
Can't remember exact date so lets call it some time in 2008 I got a fine for $5000.00 for driving without in insurance. I never paid the fine and in 2012 I was pulled over and the officer asked to see my license. Although I had it on me I figured it would be under suspension for the unpaid fine from…
Alright, so I did something really stupid the other day, I was driving down a country road and wanted to hit the curves so I passed 3 cars at once, inadvertently making it up to very much past 50 over (80 limit)... Much to my chagrin there was a cop coming in the opposite direction who immediately skidded on the gravel shoulder and who I thought was 100% going to turn around and pull me over,…
Anyone know how backed this courthouse is? I submitted my ticket for trial at the end of August, and still no letter. Im scared it got lost in the mail, can i call the courthouse and find out my courtdate? Or would i have to go in personally?
I recently received a ticket for failure to use low beams - while following - Ticket was issued Sec 168 (
- it was on the 401 and no one was within 500 meters of me, I was warning a oncoming vehicle that there was an officer hiding (which is not illegal or I could not find a law against it) it was a police vehicle travelling at very high rate of speed in the opposite direction with no lights on…
I received a warning letter from MTO for a 2pts ticket.What happened is that the police officer issued a "unsafe left turn" and then changed the ticket to "failed to signal" at the scene, but she submitted both tickets!!! And I !!!ONLY!!! received the latter ticket from her(I requested trial for "failed to signal"). I recently received notice from MTO that I'm convicted for "unsafe left turn".
Hello everyone! I was given a ticket for using a hand-held communication device while driving. It was 3 am, I was at a stop light and the cop saw me with the my phone in my hand. I told him i was just checking the time on it. I received the notes a few weeks ago ill copy them down below. Any help is appreciated although i believe there's no hope for me. The cop recorded me saying what phone i…
I got pulled over about 15 or so days ago the court till this date has not received the summons what is the legal time period that the court has to follow to accept the summons from the office court says its 15 days is the legal timeframe the officer has to serve it on the court
I requested for disclosure of information two months ago.
I received the radar manual after one month, but not others (including maintenance/calibration record of the radar, certificate of police training). On further pursuit, the prosecutor told me that he did not have them and he did not see why I needed these documents. He said he did not know where to get them when I asked.
Last Friday I was pulled over by an OPP motorcycle cop who informed me I was going 134. I was on the SB 404, I did see him parked under a bridge and when I passed him he was not on his bike.
I'm hoping to get some insight for a defense in this case.
I was in lane 1 and I had a car in front of me, and a car behind me, also there was a car speeding down Lane 3 passing everyone and moved quickly into…