Sitting in a car, not running, on private property, minding my own business, OPP unmarked cruiser comes up behind, and parks, preventing me from moving, and then comes up and demands ID.... I can understand if I was driving the vehicle and the cop had reasonable or probable grounds to pull me over and ask for ID, reg, insurance etc.... but i was just sitting there.... I looked at the HTA and saw this As to carrying licences and surrender on demand 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). would this be how the officer could legally ask for ID??? If i was standing outside the car, could they still ask for ID??? Thx Paul
Sitting in a car, not running, on private property, minding my own business, OPP unmarked cruiser comes up behind, and parks, preventing me from moving, and then comes up and demands ID....
I can understand if I was driving the vehicle and the cop had reasonable or probable grounds to pull me over and ask for ID, reg, insurance etc....
but i was just sitting there....
I looked at the HTA and saw this
As to carrying licences and surrender on demand
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).
would this be how the officer could legally ask for ID???
If i was standing outside the car, could they still ask for ID???
Yes, the Highway Traffic Act requires that you identify yourself. Even if you don't have identification, you're required to provide your name, address, etc. Generally no, but I'd say it's somewhat dependent on the circumstances. For example, you're speeding home and pass a police officer who pulls out to catch up to you. As you go around a bend, the officer momentarily loses sight of you as you pull into your driveway and hop out. In my opinion, the officer has reasonable grounds to believe you had just been driving, therefore you have an obligation to identify yourself. If they were just randomly driving by with no evidence you were driving, I'd say no, you're not required to identify. I only bring up the first example because I've seen a few people who seem to think there's some kind of "home free" rule like in tag if you beat the police officer back to your house. :)
PaulinCanada wrote:
would this be how the officer could legally ask for ID???
Yes, the Highway Traffic Act requires that you identify yourself. Even if you don't have identification, you're required to provide your name, address, etc.
PaulinCanada wrote:
If i was standing outside the car, could they still ask for ID???
Generally no, but I'd say it's somewhat dependent on the circumstances. For example, you're speeding home and pass a police officer who pulls out to catch up to you. As you go around a bend, the officer momentarily loses sight of you as you pull into your driveway and hop out. In my opinion, the officer has reasonable grounds to believe you had just been driving, therefore you have an obligation to identify yourself. If they were just randomly driving by with no evidence you were driving, I'd say no, you're not required to identify.
I only bring up the first example because I've seen a few people who seem to think there's some kind of "home free" rule like in tag if you beat the police officer back to your house.
PaulinCanada, yes the Officer has the legal right to request ID even if you are just sitting in the vehicle. You are still in care & control of the vehicle just by sitting in it and as such the law applies. The wording "in charge" of a vehicle does not strictly mean driving it, but rather care & control. This is why a drunk driver who is inside a parked, turned off car can be nailed and convicted on over 80. He has care & control. However, you have the RIGHT to demand from the Officer as to the reason why he is asking you this question and in fact carrying out something called investigation detention. If the Officer wasn't detaining you then you would have the right to just get out of the car and walk away or turn it on and drive away. But obviously there is a presumption thta you can't because the Officer is in fact detaining you to ask questions. The Canadian Charter of Rights & Freedoms Sections 8/9 outline that a Police Officer must advise a person for the reason for detention and at minimum individuals who are detained for investigative purposes must be advised, in clear and simple language, of the reasons for the detention: R. v. Mann, 2004 SCC 52 (CanLII), 2004 SCC 52 (CanLII), 2004 SCC 52 (CanLII), 2004 SCC 52. From a professional point of view the Officer should have stated the reason for asking you for ID. This is not to say that you get into an argument with them, but you have the right to ask. If he makes up some B.S. reason, then call him on it. If you are standing outside a car, I concur with Stanton, depends on the circumstances, you would be best advised to I.D. yourself, esp if you have nothing to hide or havent done anything wrong. HOWEVER, you are not required to ID yourself thru your driver's licence, why, because in fact you may not even have one. Even if you do you are not required to show it if you were not '"in charge" of the car.
PaulinCanada, yes the Officer has the legal right to request ID even if you are just sitting in the vehicle. You are still in care & control of the vehicle just by sitting in it and as such the law applies. The wording "in charge" of a vehicle does not strictly mean driving it, but rather care & control. This is why a drunk driver who is inside a parked, turned off car can be nailed and convicted on over 80. He has care & control. However, you have the RIGHT to demand from the Officer as to the reason why he is asking you this question and in fact carrying out something called investigation detention. If the Officer wasn't detaining you then you would have the right to just get out of the car and walk away or turn it on and drive away. But obviously there is a presumption thta you can't because the Officer is in fact detaining you to ask questions. The Canadian Charter of Rights & Freedoms Sections 8/9 outline that a Police Officer must advise a person for the reason for detention and at minimum individuals who are detained for investigative purposes must be advised, in clear and simple language, of the reasons for the detention: R. v. Mann, 2004 SCC 52 (CanLII), 2004 SCC 52 (CanLII), 2004 SCC 52 (CanLII), 2004 SCC 52. From a professional point of view the Officer should have stated the reason for asking you for ID. This is not to say that you get into an argument with them, but you have the right to ask. If he makes up some B.S. reason, then call him on it.
If you are standing outside a car, I concur with Stanton, depends on the circumstances, you would be best advised to I.D. yourself, esp if you have nothing to hide or havent done anything wrong. HOWEVER, you are not required to ID yourself thru your driver's licence, why, because in fact you may not even have one. Even if you do you are not required to show it if you were not '"in charge" of the car.
While thats generally correct, Id disagree somewhat since the obligations of a police officer will vary based on the nature of the stop, namely if its criminal or Provincial investigation. Investigative detention, which is geared for criminal matters, does require that the officer advise you of the reason for the stop, provide you with your rights and allows for a cursory search of your person. However even under investigative detention, Im not aware of any requirement to identify yourself. Im not saying DONT identify yourself, but you are protected by the Charter. Under the Highway Traffic Act (and several other Provincial acts), there is a requirement that you identify yourself. Im not aware of any obligation for the officer to advise you of the reason for the stop in these circumstances. Random stops are allowed under the HTA and youre simply compelled to identify yourself. Now if the officer had reason to believe youve committed a specific offence and was to question you in regards to it, they should at least caution you, else any confession would likely be inadmissible in Court. While these requirements may be a violation of your Charter rights, you are protected somewhat. Recent case law is quite clear in that Criminal Courts should exclude any compulsory statement/identification provided under Provincial laws.
While thats generally correct, Id disagree somewhat since the obligations of a police officer will vary based on the nature of the stop, namely if its criminal or Provincial investigation.
Investigative detention, which is geared for criminal matters, does require that the officer advise you of the reason for the stop, provide you with your rights and allows for a cursory search of your person. However even under investigative detention, Im not aware of any requirement to identify yourself. Im not saying DONT identify yourself, but you are protected by the Charter.
Under the Highway Traffic Act (and several other Provincial acts), there is a requirement that you identify yourself. Im not aware of any obligation for the officer to advise you of the reason for the stop in these circumstances. Random stops are allowed under the HTA and youre simply compelled to identify yourself. Now if the officer had reason to believe youve committed a specific offence and was to question you in regards to it, they should at least caution you, else any confession would likely be inadmissible in Court. While these requirements may be a violation of your Charter rights, you are protected somewhat. Recent case law is quite clear in that Criminal Courts should exclude any compulsory statement/identification provided under Provincial laws.
there are many acts that can apply and at various times to ask for ID...above mentioned ones plus - liquor licence act - trespass to property act - wildlife conservation act and many more..
there are many acts that can apply and at various times to ask for ID...above mentioned ones plus
- liquor licence act
- trespass to property act
- wildlife conservation act
and many more..
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
Am really confused about this one, this morning i got a reduced speeding ticket (80km speed in 60 zone), and in the ticket the cop wrote 10km over the speeding limit.. and it has the 'R' code in it.. and the cop said i need to pay this and it doesn't have any points on it..
im fine with paying the ticket which is only 40 dollars but my biggest concern, will it show in my record ? or only tickets…
I got a ticket for driving with handheld device in Oct 2015 and I had requested for a trial. Yesterday I received the notice of trial (notice is dated 26-Jan-2017, court of trial is Newmarket, ON) and trial date is Mar 8, 2017. Today, I have sent in a registered request for disclosure (i.e on 29-Jan-2017).
Need some help here for the 1st time speeding ticket?
Sunday morning 12:10am when I was going home from work I was doing bit speeding on Gardiner. I was going with about 130km/h. I know its fast. I always take the same way and I know where the cops hide. They always hide entrance of the highways. If I will do speeding I always look my back and did look this time too. I took gardiner…
I just have a question in regards to the summons Under Part 1 I received for an rear end accident:
I was driving on the 2 lane road, and the car in front of me suddenly stopped, I had seen the car, and so I started to brake, however I heard noise from the back and looked int o the rear view mirror and saw a huge "truck" so I decided to go right, took the feet out of brakes but couldnt…
I have searched and I know the general rule is no, barring criminal charges or tresspassing. So let me use 2 specific issues I have.
1) I have some business in some area malls after hours. Once I have pulled into the mall lot on the way to the closest door I rarely stop at stop signs unless there is a car or person nearby. (i do not carelessly speed, i do show caution, just do not fully stop) Can…
In June at 401 London and Wellington I got hit twice, speeding which I didn't realize I was doing and cell phone. The Officer made me open my purse and show him my phone. I was going to meet a Rep of my Company in Kitchener, he called I answered. WRONG! The Officer wasn't even nice. My record was clean and he slapped me twice. I sat in the car and sobbed for 20 minutes as I was scared out of…
I wanted to "reply" elsewhere...but the more appropriate areas were "locked" to replies....so, here are a couple of questions...from a newbie to this site:
1. Who ARE you? (I'm a little edgy about conversing on a forum whose ownership is not stated anywhere on an "About" page") No offense intended whatsoever. Just like to know who I'm talking with/in front of.......your honor!
You are coming off of a highway exit and there are 3 lanes: right hand lane for right hand turn; middle lane for left AND right turn (but no straight thru since it is only a three-way intersection); and left lane for left hand turn. You are first in the middle lane, signalling to make a right.
CAN YOU make a right hand turn from the middle lane on a red if the traffic is clear?
Hey everyone first off I'd like to say great website, I have been reading and it is very useful
I'm posting today as I'd like to get some feedback on my situation and have a couple of questions. Please excuse the vagueness in some areas - I don't want my case to be identifiable given the small town.
So I was driving up north and was pulled over by an OPP SUV for doing 31 over. Cop drove past me,…
Hello! I'm under 16 currently and really want to drive. I know that section 37(1) says you have to be 16, but I've read that the HTA does not apply when you are in private property, so does that mean I can drive in a parking lot if I wanted to?
I was heading northbound on my bike downtown on friday. After the east/westbound lights went red and after a long pause I decided to get a head start and proceed before the light changed to green. About a block north of me an officer stepped out of an unmarked cruiser and pulled me over and gave me a $180 ticket. Now I see on this site that I should have been given points for it..but…
Got a ticket Saturday for insecure load. The officer was a real jerk and unfair. I had nothing hanging out the sides and the load wasn't that high. Just taking some junk to the dump. I was doing 40 on Ashley St in Foxboro, 4 ways on taking my time and nothing was going to fall out. I'm thinking about fighting it. Anyone experienced this before?
So I got convicted of a dui.. I have been riding my bike in the snow and taking the bus. I am a driving enthusiast and I will be going to the race track all summer but I NEED to drive something right now!
I have done lots of research and even an electric assisted bike that a 16 year old can drive legally on the road is not an option to someone with a dui suspension.
Hey this is my first ticket so as much information that people can provide will be appreciated. I was making the drive home going around 90kph(in a 80) behind what I knew was an undercover police car. The cop abruptly pulled to the side and pulled back in behind me to pull me over. Now I reduced my speed to below 80 when the cop pulled to the side but he claimed he had me clocked at 109kph and…
So I was heading home to today and I was in the left lane of the off ramp, some lady cut across her lane of traffic and across the off ramp median and hit the back side of my car! After a few meters of bumping (I was dazed and confused) I stopped the car.
I call 911 and was told to move the car to the shoulder.
Cop comes, interviews both of us, and lets the lady go! The cop proceeds to give…
An undercover cop, well not sure if he was even a cop to be honest, maybe a constable pulled me over after I passed him shortly after a construction zone. He asked me if I was in a rush and said that he was going 105 and I was going 120. It seems mostly from our conversation that he was pissed off that I passed him, because he never told me that I was speeding. None the less the ticket says…
I got this ticket last year in toronto and received court date recently.
Basically I parket on a street where there are marked spots for car parking but they were all faded with only the white edges showing. I assumed I was in the correct spot when I got out. I never noticed the fire hydrant in the bushes.
When I returned I saw the ticket and then noticed the fire hydrant and when I to the…
I would like to know if anybody could tell me what "V" stands for on the Code section of the Form 4. I think that it will be useful to understand what information is on this form in order to make a decision on what option we should chose.
I recently received a ticket for red light fail to stop under section 144 (18) of the Highway Traffic Act at the intersection of Dupont St. and Dufferin St. in Toronto with a set fine of $150 and total payable of $190. I think I entered the intersection on a yellow, however that is not the way the officer saw it. During the traffic stop the officer was polite bordering on friendly…
Got my first ticket last Thursday and I have a couple of questions. I was driving westbound on Moore St. (west of Bayview) and made a left onto a residential street at a 4-way stop sign. It was my first time driving through that area - was driving my girlfriend to a wisdom tooth surgery.
The police were set up to catch people, as that intersection had a no left turn sign from 7-9 am (buses…