As I drew alongside the cruiser (after slowing down and giving way) I said to the officer that your cruiser is causing problems where it is... He looked at me and saw that I was in the turning lane to the west bound Sheppard and quickly hopped in his car and cut through the strip mall parking lot there to catch up to me. I however was pulling in to the Petro Canada to fuel up my jeep. As I pulled in and noted that all the pumps were occupied I pulled through the lot and reentered westbound Sheppard figuring I'd hit the station after work as I was going to be just on time as it was. The officer was in the turn lane in to the gas station as I was pulling out and proceeded to do a U Turn to get in behind me. He lit me up and pulled me over a few hundred feet down the road.
Approaching my car he asked me to provide him with my Licence, Registration and proof of insurance, to which I replied, "Sure, would you mind telling me why you have pulled me over" to which he responded "I want to look at your documents and I don't appreciate being yelled at while I'm doing my job" and then asked me why I pulled in to the Petro Canada Station, to which I replied "to get gas, why? Is that illegal? He replied no and went back to his cruiser. He left me sitting there for about 13-15 minutes and came back handed my documents back and said "This is for not having a valid insurance document and there are four choices on the back" I had inadvertantly handed him my insurance slip that had a March expiry (d'oh! Lesson learned) and was charged with "Fail to Surrender Valid Insurance" Total fine $65 with all costs factored in.
Now my question and comments.... Yes, I failed "The Attitude Test" I should have bit my lip and drove past them, but I was flabbergasted that he would impact northbound traffic and not pull in behind the southbound accident so people would know there was a problem and drive around accordingly.
Was he following proper procedure to pull me over? Is pointing out a lack of common sense reason enough (legally) to pull me over for that reason? Is there some sort of SOP for Police at accidents? He wasn't protecting them as that part of Markham Rd has a void between Northbound and Southbound. Is there recourse through his Sargeant? I plan on taking it to court out of principle, but am interested in the collectives thoughts on the legality of the stop itself.
I guess I am wondering about the legality of being pulled over in the first place. Does an officer not need probable cause to initiate a traffic stop?
No other reason is needed.
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
I'd suggest a first attendance meeting with the Crown. Bring proper documentation showing that you did have insurance on the date of the offence. Some have been known (but no guarantee) to simply withdraw the charge if you can show all is in order. Very jurisdiction dependent, and I wouldn't mention your opinion on the officer, etc. Just be humble and see if they'll make it go away.Shakeyhands wrote:I don't think I can fight the ticket per se, I mean, I didn't have the proper documentation, that IS my fault.
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