Hey guys this is my second time posting. A while back actually about 5 month ago I got a ticket for proceeding contrary to sign at intersection 144(9). When the officer was asking me for my insurance and drivers license, i did not have the new insurance slip, 
thus he also gave me a ticket for…
Hello all
(simon or anyone else can feel free to answer)
I requested disclosure of a radar manual in original disclosure request. Didn't get disclosure until trial date, so an adjournment was granted. At that time the Provincial Prosecutor stated that it wasn't his policy to release the manual to…
so last night i was driving home at around 1am
i was going 120 in a 100 when a car started tailgating me (almost bumper to bumper)
i sped up in order to put some distance between us but it wouldnt leave me alone for over 10 minutes.
i was exhausted and not paying attention to my speed guage i ended up…
Hey folks. New forumer here.
Just curious to hear a few opinions on the following video taken at a photo enforced intersection.
As you can see, the light was still yellow for a fraction of a second as the camera-car entered the intersection (crossed the stop line), but it was close.
I drive a Honda Civic and we all know how those are when it comes to theft. On my driveway my brothers car was stolen twice and once broken in to. Also a few other cars have been stolen on my street. I have an alarm and all that. But say my alarm was going off and I ran outside and fought off the…
Hello all, yesterday I received a ticket for parking in a handicapped spot outside of school. I was done classes and had to load up my van with some very heavy and awkward items for transport. I had been parked in the garage across the street for the duration of my classes and decided to bring…
Sometimes I find plain simple English not quite so simple:
Green arrow(14) Every driver approaching a traffic control signal showing one or more green arrow indications only or in combination with a circular red or circular amber indication and facing the indication may proceed only to follow the…
Hi, recently I was driving home around 2:30pm from the bus stop I drive to in order to bus to school. I was traveling down Kennedy just past 19th seatbelt on, doing the speed limit. About one and a half kilometers past the intersection of Kennedy and 19th a fox sprinted across the road. I swerved…
Driver fail to provide identification; (not stopped in veh)
after stopping in front of a house, turn car off, exit and walk up sidewalk, officer standing there asks for identification. Officer was asked if he was making an arrest, replied that yes he is now.
After arrest and short stay in rear of cruiser, was released and given ticket in thread title.
Easy win?
Re: Driver fail to provide identification; (not stopped in veh)
Was it a "reasonable inspection"?
Re: Driver fail to provide identification; (not stopped in veh)
If you were charged with S.33, the officer is right.
33. (1) Every driver of a motor vehicle or street car shall carry his or her licence with him or her at all times while he or she is in charge of a motor vehicle or street car and shall surrender the licence for reasonable inspection upon the demand of a police officer or officer appointed for carrying out the provisions of this Act. R.S.O. 1990, c. H.8, s. 33 (1).
Key words being 'in charge of a motor vehicle'. Its reasonable to say that you were in charge of the car.
Re: Driver fail to provide identification; (not stopped in veh)
i would have to argue that there was no stop.
The house in question was being monitored by police because of complaints with teenagers. Police were simply trying to identify people at the door.
They also retrieved the drivers licence from the car during the detainment in the police car.
Re: Driver fail to provide identification; (not stopped in veh)
I am not a lawyer. This is not legal advice.
However, in my opinion, if you were in charge of a motor vehicle and the officer observed that, and there is no doubt that you were in charge of a motor vehicle (remember this doesn't mean driving, you basically had the keys on you), and the officer requested your driver's license, if you refused, then you broke S.33 of the HTA.
The officer will say that he was just standing in front of the house and saw you get out of a car, and he wanted to make sure you had a valid driver's license. That's it. I don't think he has to say anything more to have a prima facie case under S. 33.
Of course, as stated before, I am not an expert or a lawyer, and this constitutes only my opinion.
Re: Driver fail to provide identification; (not stopped in veh)
I'd have to agree with Slyk. As you described it, you stopped the vehicle, the officer observed you exit the vehicle, and then asked you for identification. He could see that you were in charge of the vehicle, because you walked out of it. They do not have to pull you over on the road. It does not have to be a "traffic stop." If the version of events are as you described them, then they'd be able to convict you under s. 33 (1).
If you were being asked for ID, and you said "it's in the car, can I go get it," or you identified yourself by some other means, and they did not give you a reasonable opportunity to produce said ID, then the charge likely won't stick.
Re: Driver fail to provide identification; (not stopped in veh)
The wording "in charge of a vehicle" has the same meaning as "care or control".
It includes "present physical custody" and "circumstances where the person has only recently and temporarily relinquished physical custody" (i.e. someone who was driving but exits the vehicle and walks away) (see R. v. Richards 1999 – Ontario Court of Appeal)
