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.
Hi so I have a bizzare situation. Today I received a summons for "being the owner of a motor vehicle bearing Vehicle Identification Number ###, failed to submit the vehicle, equipment or drawn vehicle for inspection or tests as required by an officer" for a vehicle I previously owned. Apparently a violation of HTA 82(9).
The date of offense is June 15, the summons was issued on October 26th and I…
Hi, I need some help for the ticket of lmproper left turn.
When i drove my car from east to west, intending to make a left turn and stop in front of stop line. There was a car in front of me, which has turn on yellow light. The light was turning red and then I thought I cannot leave in the intersection and turned, an incoming car was runing the light and hit me. No one got hurt but both cars had…
Have a ticket in which the radar used was a Genesis VP Directional. I had downloaded the manual for a Genesis VP but I now realize that the unit is not the same so it is the wrong manual. My trial is very soon so I do not have time to ask for disclosure of the manual.
Does anyone have access to an electronic version of the manual for Genesis VP Directional?
I was pulled over today in the city of Oakville for going 75 in a 40 zone. However, I am 100 percent certain that I was going only 50 in the 40 zone. When I was pulled over, I was driving my Dad's car which I felt was the reason I was getting stopped since two teenagers driving a 2013 S Class. He asked does I know why I am being pulled over and I…
I really need help on fighting my 9 tickets i received from one police officer. Here is some background of what happened!
I was caught speeding 66km on a 40km (school zone) on January 29, 2010. I was driving my friend's car and turns out she didnt renew the validation on the vehicle and didnt leave the up to date insurance paper on the car.
Hey question that I think here's probably the best place to get the answer:
I was charged with a careless driving offence in oct, trail in early april, so as of right now my insurance record is 100% clean... except the officer did file an accident report at the scene where I was classified at fault due to it being PI (although very minor). The person I hit did not sue etc, so the insurance company…
Very much unintentionally passed a stopped bus, with sign and flashing lights. Didn't realize I had done it until I was at the end of the bus. I'll save you my sob story, but it was truly accidental. I'm generally very cautious and have a perfect driving record. Never been stopped.
While I realize if a cop had seen me that I would have gotten a ticket, there were none in sight. Though I may very…
I was recently pulled over for running a red and I wasnt able to find my wallet in the car at the time to hand over my license. I had a passport in the vehicle that he used. The wallet was in the vehicle, it just fell through the seats. (Tough to find a black leather wallet in a black/black leather truck at night).
The officer still wrote the tickets for both he signed the one ticket (failure to…
I was passing a vehicle that was going slow for me and there was an oncoming vehicle coming at me. I speed up to get around the person I was passing and the oncoming vehicle turns out to be a cop who turns around and tickets me for going 110km in a 80km zone. How does it work with passing a vehicle? Once I passed the vehicle I went back down to my original speed of just under 100. The officer…
I picked up a brand new (old stock) Fuzzbuster a while ago at auction (wopping $5!!) and I want to mount it on the dash of my old GTO as a cool accessory when I show it at car shows. But I'm not sure if it's legal or not.
Here's my thoughts:
- It is early 70's technology (x-band) so it won't detect modern police radar. That's assuming no police force uses the old x-band frequency.
Hi guys, I'm still a little in shock of getting my first traffic ticket...
On Monday afternoon, I was returning from Toronto to Ottawa on HW416, I was driving about 15 over 100 like always. Then a car came very close to me on the left lane and made me nervous, I speed up unintentionally to pass the car and change lane, but while doing that a police car pull out of the median. He was hiding in…
May i ask this question regarding transport trucks limited to 105 km/h. Moving road blocks or safety?
IMO it isnt speed that kills. I find transport trucks infact help keep the road going. With cars that choose to not move to the right and slow down the middle lane the trucks would try to pass in their passing lane therefore the slower traffic would move right.
Received a notice from the police that a motion is being put forward to adjourn upcoming trial date. Notice indicates that an officer has sworn an affidavit that the crucial witness cannot attend date trial is set for (we know there is a social engagement at 7:30 pm for the witness, trial time is 1:30 pm). This further delay is a big problem to my daughter's case. She is moving away to…
This is what happened. I was travelling west on a four lane city street that was very light with traffic. I was making a left hand turn into a wide driveway of a business. There was traffic lights about 100 yards past the driveway and were red for the east-west traffic. I was in the left lane with my signal on and there was no oncoming traffic due to the red light. I was slowed right down…
I was driving my families older car and got pulled over, and the police officer informed me my plate was dirty. He issued me a ticket of $110 for the 13(2) act and obstruct plate as the offense. He informed me that such a plate could be used to avoid red lights as well as 407 tolls, also that buying a new plate can help to lower the ticket if I fight the charge, and that he also took a picture…
I received a red light camera ticket. In the picture, you see an ambulance in front of me with flashing lights. I had moved to alleviate the traffic behind me for the emergency vehicles coming behind it.
Is this a possible defense, if so, does anyone know any good case law to justify this position?
what happens if they charge someone for driving at 151Km/hr in montreal and they put for trial, appear after some months and sadly lost the trial ?
In montreal its $300 fine and 5demerit points ...
I heard Ontario and Qubec share the information. So once the trial is over ( and when the file moved to ontario) will his car gets towed and licence get suspended for 7days (later to 30 days ) ? and he…
I got a notice in the mail that trial is set four weeks from today, so it's time to request disclosure. I have zero chance of getting an 11b since trial is less than two months after the offense date and the officer did not reduce the charge. I really want to try and create delays on the trial, to reduce the chance of the officer showing up on multiple occasions. Is there any known loop-holes…
This weekend my father was involved in an accident with a transit bus in Burlington, ON. After the police showed up he was charged with "Fail to obey stop sign" Sec. 136(1)(a). At this particular intersection there NO stop signs but there are traffic lights. There is construction going on there so one of the light posts is smaller.
Driving conditions were terribly wet and visibility was low.…
So my boyfriend and I recently started dating. I have a vehicle that was insured. Insurance cost too much and I found it was just as easy to walk to work due to how close it was. But I didn't want to get rid of my car just yet, plus I'm still making payments on it as well. When we moved into our appartment together, I had it towed to my parking spot out back.
I was making a left hand legal turn on a green light, a driver came through the lane I was supposed to be going into ran the red and hit me head on as I was turning into my lane. When the officer came he was telling me that I was racing and driving recklessly because apparently there was reports of street racing in the area. I was not charged on the scene for this but I'm scared i am going to be…
I got a ticket for failure to surrender insurance because I did not have my new insurance stubs with me, just a bunch of expired ones. My policy number has not changed, so I asked the officer to just run the policy number so I could prove that I was in fact insured. He said they don't have that ability, handed me the ticket and reminded me that my car could have been impounded.
So I'm in a bit of a pickle and would appreciate if someone could clarify something for me.
I'm less than a month away (test on April 6th) from getting my full G license, and got a speeding ticket recently. The ticket was for 49km/h over the posted limit of 100km/h on the 403 in Oakville/Halton region, but was reduced from the initial ~60km/h over.
