I know that the RIDE program has been covered extensively in these great forums, but I have a question about the stop itself: I recently was stopped for a RIDE Program and the officer asked me to roll the window down all of the way (I had it at half and could easily communicate with them). I told them that I could hear them just fine and they insisted I roll it down all of the way. Again I told them that I could hear them just fine and then they told me they needed to smell my breath. After giving a 'gross' face to them I reluctantly rolled the window down. I had not been drinking. Was I correct in refusing initially? What are my rights? They then asked me if I had anything to drink that evening to which I replied "Let me as you a question: Is it against the law in the province of Ontario to consume alcohol and operate a motor vehicle?". I received a perplexed look. Then they responded "Sometimes" to which I smiled. It was probably the best response I had ever received when I've asked that question. Then then proceeded to ask me where I was going (I pointed with one finger ahead and said "That way") and then of course they asked me where I had come from (I pointed one finger behind me and said "That way"). I was then sent on my way. I'm not a big fan of baseless stops but I thought I'd let others weigh in on rights and opinions on RIDE programs. Thank you Curious
I know that the RIDE program has been covered extensively in these great forums, but I have a question about the stop itself:
I recently was stopped for a RIDE Program and the officer asked me to roll the window down all of the way (I had it at half and could easily communicate with them). I told them that I could hear them just fine and they insisted I roll it down all of the way. Again I told them that I could hear them just fine and then they told me they needed to smell my breath. After giving a 'gross' face to them I reluctantly rolled the window down. I had not been drinking. Was I correct in refusing initially? What are my rights?
They then asked me if I had anything to drink that evening to which I replied "Let me as you a question: Is it against the law in the province of Ontario to consume alcohol and operate a motor vehicle?". I received a perplexed look. Then they responded "Sometimes" to which I smiled. It was probably the best response I had ever received when I've asked that question.
Then then proceeded to ask me where I was going (I pointed with one finger ahead and said "That way") and then of course they asked me where I had come from (I pointed one finger behind me and said "That way"). I was then sent on my way.
I'm not a big fan of baseless stops but I thought I'd let others weigh in on rights and opinions on RIDE programs.
The ride program has already been deemed to infringe on the Constitution, yet for some reason... they've allowed it for the purpose of security. Anytime you enter a motor vehicle, the police have significantly more rights than they would normally have and use 'safety' as the justification for this unparalleled power. I'm not a big fan either, but there's not much you can do... unless you want to constitutionally challenge it - which is completely possible. The baseless questions they ask is usually to see if you have coherent responses/slurred speech, it's not as if they really care about the answer to the questions. It's already been raised of the multiple charter infringements of police conduct when it comes to the HTA, but it is mostly allowed due to 'enforcing safety'. For example, your presumption of innocence is quashed when a police officer stops you to check if you're drinking. In other words, he stops you assuming you're guilty and you have to prove your innocence. In doing that, he's arbitrarily detaining you, another charter infringement. Also, when you're driving a motor vehicle, police essentially have unlimited power to stop you at any time, to check your license, insurance and fitness of the vehicle - again, presumption of innocence, and opens the doorway to racial profiling/harassing certain people for no reason. I'm not a big fan, but to correct the prehistoric case laws that allow officers to do this, you'd have to raise a constitutional question to the Supreme Court, which no one really has the time or resources to do right now. By the way, all of these rights granted for the purpose of 'enforcing safety' is to protect society from *all* the hazardous drivers that drive the roads without insurance and/or a drivers license, which... is argued so detrimental to public safety, that you have to strike down multiple Charter rights for the purpose of enforcing 'fundamental justice'. If someone's swerving out of their lane, or just a horrible driver - sure go ahead and stop him, question him, etc. You have probable grounds, but making all these exceptions because maybe 1 in 100 people drive without insurance is not in the public's interest... In my opinion, there is an argument to be made.
The ride program has already been deemed to infringe on the Constitution, yet for some reason... they've allowed it for the purpose of security. Anytime you enter a motor vehicle, the police have significantly more rights than they would normally have and use 'safety' as the justification for this unparalleled power. I'm not a big fan either, but there's not much you can do... unless you want to constitutionally challenge it - which is completely possible.
The baseless questions they ask is usually to see if you have coherent responses/slurred speech, it's not as if they really care about the answer to the questions. It's already been raised of the multiple charter infringements of police conduct when it comes to the HTA, but it is mostly allowed due to 'enforcing safety'.
For example, your presumption of innocence is quashed when a police officer stops you to check if you're drinking. In other words, he stops you assuming you're guilty and you have to prove your innocence. In doing that, he's arbitrarily detaining you, another charter infringement. Also, when you're driving a motor vehicle, police essentially have unlimited power to stop you at any time, to check your license, insurance and fitness of the vehicle - again, presumption of innocence, and opens the doorway to racial profiling/harassing certain people for no reason. I'm not a big fan, but to correct the prehistoric case laws that allow officers to do this, you'd have to raise a constitutional question to the Supreme Court, which no one really has the time or resources to do right now.
By the way, all of these rights granted for the purpose of 'enforcing safety' is to protect society from *all* the hazardous drivers that drive the roads without insurance and/or a drivers license, which... is argued so detrimental to public safety, that you have to strike down multiple Charter rights for the purpose of enforcing 'fundamental justice'.
If someone's swerving out of their lane, or just a horrible driver - sure go ahead and stop him, question him, etc. You have probable grounds, but making all these exceptions because maybe 1 in 100 people drive without insurance is not in the public's interest... In my opinion, there is an argument to be made.
I agree with sonic's comments above. This question about the window was asked not too long ago here, and has some good discussion about it, and you will see my comments and my position in that topic. http://www.ontariohighwaytrafficact.com/post36737.html
I agree with sonic's comments above.
This question about the window was asked not too long ago here, and has some good discussion about it, and you will see my comments and my position in that topic.
And get the Supreme Court to reverse its earlier decision which already said it's okay? Don't bet on it.
Sonic wrote:
The ride program has already been deemed to infringe on the Constitution, yet for some reason... they've allowed it for the purpose of security. Anytime you enter a motor vehicle, the police have significantly more rights than they would normally have and use 'safety' as the justification for this unparalleled power. I'm not a big fan either, but there's not much you can do... unless you want to constitutionally challenge it - which is completely possible.
And get the Supreme Court to reverse its earlier decision which already said it's okay? Don't bet on it.
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca
Agreed. It is what it is and it's been decided. These "know your rights" conversations have been going in circles on here the last little while. Ride checkpoints are legal. An officer is allowed to check for signs of impairment. Whether it be the smell or alcohol on your breath, your speech patterns, your eyes, etc. Want to obstruct that process by hiding behind a closed window? You're only opening yourself up to more intrusive measures. Don't want to answer where you're going? Whatever, don't. While you don't have to give him your coordinates, you should probably just pick your battles.
Radar Identified wrote:
And get the Supreme Court to reverse its earlier decision which already said it's okay? Don't bet on it.
Agreed. It is what it is and it's been decided.
These "know your rights" conversations have been going in circles on here the last little while. Ride checkpoints are legal. An officer is allowed to check for signs of impairment. Whether it be the smell or alcohol on your breath, your speech patterns, your eyes, etc. Want to obstruct that process by hiding behind a closed window? You're only opening yourself up to more intrusive measures. Don't want to answer where you're going? Whatever, don't. While you don't have to give him your coordinates, you should probably just pick your battles.
And get the Supreme Court to reverse its earlier decision which already said it's okay? Don't bet on it. There's numerous instances where the Supreme Court has overruled and/or declared it's own rulings outdated. 20 years ago, it may have been necessary to stop every single car to check insurance, but advancements in technology can make it possible to check insurance without having to stop the vehicle today. Therefore, there is validation to the argument... If you want, I can cite 10+ case laws where the Supreme Court overruled a previous decision?
Radar Identified wrote:
Sonic wrote:
The ride program has already been deemed to infringe on the Constitution, yet for some reason... they've allowed it for the purpose of security. Anytime you enter a motor vehicle, the police have significantly more rights than they would normally have and use 'safety' as the justification for this unparalleled power. I'm not a big fan either, but there's not much you can do... unless you want to constitutionally challenge it - which is completely possible.
And get the Supreme Court to reverse its earlier decision which already said it's okay? Don't bet on it.
There's numerous instances where the Supreme Court has overruled and/or declared it's own rulings outdated. 20 years ago, it may have been necessary to stop every single car to check insurance, but advancements in technology can make it possible to check insurance without having to stop the vehicle today. Therefore, there is validation to the argument...
If you want, I can cite 10+ case laws where the Supreme Court overruled a previous decision?
Last edited by Sonic on Sat Jun 27, 2015 11:30 am, edited 1 time in total.
Agreed. It is what it is and it's been decided. Want to obstruct that process by hiding behind a closed window? You're only opening yourself up to more intrusive measures. Don't want to answer where you're going? Whatever, don't. While you don't have to give him your coordinates, you should probably just pick your battles. Say this once in law school, I dare you...
bend wrote:
Radar Identified wrote:
And get the Supreme Court to reverse its earlier decision which already said it's okay? Don't bet on it.
Agreed. It is what it is and it's been decided.
Want to obstruct that process by hiding behind a closed window? You're only opening yourself up to more intrusive measures. Don't want to answer where you're going? Whatever, don't. While you don't have to give him your coordinates, you should probably just pick your battles.
In the context of insurance and some other things, maybe. For over 0.08, the only way to determine is to stop the vehicle. Stating the obvious, technology has not as of yet enabled us to find if a driver is over 0.08 without stopping them - and a driver may not exhibit behaviour of being over 0.08 in a brief observation of their driving habits. Yes the Supreme Court has reversed decisions (e.g. assisted suicide). I don't think this decision will be reversed any time soon, if at all. Do I personally like random stops? No. But it is what it is.
Sonic wrote:
There's numerous instances where the Supreme Court has overruled and/or declared it's own rulings outdated. 20 years ago, it may have been necessary to stop every single car to check insurance, but advancements in technology can make it possible to check insurance without having to stop the vehicle today. Therefore, there is validation to the argument...
In the context of insurance and some other things, maybe. For over 0.08, the only way to determine is to stop the vehicle. Stating the obvious, technology has not as of yet enabled us to find if a driver is over 0.08 without stopping them - and a driver may not exhibit behaviour of being over 0.08 in a brief observation of their driving habits.
Yes the Supreme Court has reversed decisions (e.g. assisted suicide). I don't think this decision will be reversed any time soon, if at all.
Do I personally like random stops? No. But it is what it is.
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca
In the context of insurance and some other things, maybe. For over 0.08, the only way to determine is to stop the vehicle. Stating the obvious, technology has not as of yet enabled us to find if a driver is over 0.08 without stopping them - and a driver may not exhibit behaviour of being over 0.08 in a brief observation of their driving habits. Yes the Supreme Court has reversed decisions (e.g. assisted suicide). I don't think this decision will be reversed any time soon, if at all. Do I personally like random stops? No. But it is what it is. Yeah, I think you were misinterpreting my argument. I'm not arguing to overturn RIDE programs. I meant in general, the ability to stop any driver on the road, and ask for proof of insurance and drivers license is unnecessary and outdated. For insurance, I'm not sure entirely how it works, but I'm pretty sure that police officer are able to identify through license plate numbers in their system if a vehicle is insured, that's why you can get a ticket for only not handing an insurance card, even though technically you couldn't prove you had insurance either. Whereas, in other instances someone else get's a ticket for driving a vehicle without insurance. The only other reason to stop a driver would be to check for vehicle fitness, and/or if a driver is licensed. I think that should be negligible as it's already permitted that they could stop a driver on the grounds of probable cause. If a vehicle has a broken windshield, or has a flat tire, one headlight not working, etc - you can evaluate that visually, which would give you cause to stop the vehicle. In respect to a driver being licensed, I think that's it so negligible that a driver would drive without a license, as they have to actually know how to drive first of all, that it's not worth allowing police officers to stop every vehicle on the road, as that opens up more problems (racial profiling, police harassment, etc) which all have to be weighed in the public interest. Also, generally a driver driving without a license (at least in regards to an underage driver), would exhibit unusual driving behaviour and/or miss certain rules of the road, which would give police probable cause to conduct a stop. The counter argument would be someone with a suspended license driving... but police can identify if a vehicle has someone with a suspended license in their computer. In terms of RIDE programs, I don't think that is something that will get overturned anytime soon... but giving the police the ability to stop every vehicle on the road, without any real cause is unnecessary to check for insurance/fitness/registration against numerous Charter rights is debatable and not in the public's interest - that's where I'm arguing a Charter Challenge can be pursued.
Radar Identified wrote:
Sonic wrote:
There's numerous instances where the Supreme Court has overruled and/or declared it's own rulings outdated. 20 years ago, it may have been necessary to stop every single car to check insurance, but advancements in technology can make it possible to check insurance without having to stop the vehicle today. Therefore, there is validation to the argument...
In the context of insurance and some other things, maybe. For over 0.08, the only way to determine is to stop the vehicle. Stating the obvious, technology has not as of yet enabled us to find if a driver is over 0.08 without stopping them - and a driver may not exhibit behaviour of being over 0.08 in a brief observation of their driving habits.
Yes the Supreme Court has reversed decisions (e.g. assisted suicide). I don't think this decision will be reversed any time soon, if at all.
Do I personally like random stops? No. But it is what it is.
Yeah, I think you were misinterpreting my argument. I'm not arguing to overturn RIDE programs. I meant in general, the ability to stop any driver on the road, and ask for proof of insurance and drivers license is unnecessary and outdated. For insurance, I'm not sure entirely how it works, but I'm pretty sure that police officer are able to identify through license plate numbers in their system if a vehicle is insured, that's why you can get a ticket for only not handing an insurance card, even though technically you couldn't prove you had insurance either. Whereas, in other instances someone else get's a ticket for driving a vehicle without insurance.
The only other reason to stop a driver would be to check for vehicle fitness, and/or if a driver is licensed. I think that should be negligible as it's already permitted that they could stop a driver on the grounds of probable cause. If a vehicle has a broken windshield, or has a flat tire, one headlight not working, etc - you can evaluate that visually, which would give you cause to stop the vehicle. In respect to a driver being licensed, I think that's it so negligible that a driver would drive without a license, as they have to actually know how to drive first of all, that it's not worth allowing police officers to stop every vehicle on the road, as that opens up more problems (racial profiling, police harassment, etc) which all have to be weighed in the public interest. Also, generally a driver driving without a license (at least in regards to an underage driver), would exhibit unusual driving behaviour and/or miss certain rules of the road, which would give police probable cause to conduct a stop. The counter argument would be someone with a suspended license driving... but police can identify if a vehicle has someone with a suspended license in their computer.
In terms of RIDE programs, I don't think that is something that will get overturned anytime soon... but giving the police the ability to stop every vehicle on the road, without any real cause is unnecessary to check for insurance/fitness/registration against numerous Charter rights is debatable and not in the public's interest - that's where I'm arguing a Charter Challenge can be pursued.
Is there a point to be made here, or are we just going to lower ourselves to one liners? Feel free to discuss. It's a forum. Someone is simply implying to take advantage, or abide by the rights given to a person. Your suggestion implies that by using the rights awarded to you, police are going to use more intrusive methods to violate your rights... Lastly, you conclude by suggesting that you should pick your battles, otherwise inferring that by deciding not to have your charter rights infringed, you will be seen in a negative light and will not receive an optimal outcome. While your opinions may be valid, and proven by anecdotal evidence - your suggestion implies that a citizen's rights are not mandatory, but a privilege and that there are situations where it would be better to allow infringement of your rights rather than inconvenience law enforcement. The problem with the statement is that it is fundamentally flawed by implying that rights are something that should only be abided by at times, and that abiding by them has the potential to cause negative outcomes. Even if true, that is blatant infringement of the Charter and not supported by law... Any argument that can be inferred to 'use your rights wisely' will generally be demeaned by anyone with any legal experience because if rights become privileges, they no longer offer protection and consequently, no longer serve a purpose. It's never wise to tell someone to pick their battles wisely when referring to legal rights. As a side note, this was simply on the basis of the suggestions implied by your comments - whether or not you actually are legally required to open a window is not the issue.
bend wrote:
Sonic wrote:
Say this once in law school, I dare you...
Is there a point to be made here, or are we just going to lower ourselves to one liners? Feel free to discuss. It's a forum.
Someone is simply implying to take advantage, or abide by the rights given to a person. Your suggestion implies that by using the rights awarded to you, police are going to use more intrusive methods to violate your rights... Lastly, you conclude by suggesting that you should pick your battles, otherwise inferring that by deciding not to have your charter rights infringed, you will be seen in a negative light and will not receive an optimal outcome.
While your opinions may be valid, and proven by anecdotal evidence - your suggestion implies that a citizen's rights are not mandatory, but a privilege and that there are situations where it would be better to allow infringement of your rights rather than inconvenience law enforcement. The problem with the statement is that it is fundamentally flawed by implying that rights are something that should only be abided by at times, and that abiding by them has the potential to cause negative outcomes. Even if true, that is blatant infringement of the Charter and not supported by law...
Any argument that can be inferred to 'use your rights wisely' will generally be demeaned by anyone with any legal experience because if rights become privileges, they no longer offer protection and consequently, no longer serve a purpose. It's never wise to tell someone to pick their battles wisely when referring to legal rights.
As a side note, this was simply on the basis of the suggestions implied by your comments - whether or not you actually are legally required to open a window is not the issue.
In reply to a few of Sonics comments, The police do not have access to any database that will tell them if a vehicle or driver are insured. The reason you may see some drivers charged with failing to have a valid insurance card is that this offence can be laid against the driver of the motor vehicle. A charge of driving without insurance can only be laid against the registered owner of the motor vehicle. This is a reverse onus offence for the sole reason that the police and prosecutor have no access to insurance company data and the driver/owner must provide proof that they in fact have insurance. As for identifying drivers who may not be licenced or may be suspended, the only indication that police get of a susupended person is if that person is also the owner of the motor vehicle in question. Therefore the only may to determine if a driver has a valid licence is to pull that vehicle over and check. "probable cause" is a very American term and even though there is usually another reason to pull over a motor vehicle it is not a requirement under the Highway Traffic Act at this time mainly because driving in Ontario is not a right. It is a privilege that has to be earned and may be taken away.
In reply to a few of Sonics comments,
The police do not have access to any database that will tell them if a vehicle or driver are insured. The reason you may see some drivers charged with failing to have a valid insurance card is that this offence can be laid against the driver of the motor vehicle.
A charge of driving without insurance can only be laid against the registered owner of the motor vehicle. This is a reverse onus offence for the sole reason that the police and prosecutor have no access to insurance company data and the driver/owner must provide proof that they in fact have insurance.
As for identifying drivers who may not be licenced or may be suspended, the only indication that police get of a susupended person is if that person is also the owner of the motor vehicle in question. Therefore the only may to determine if a driver has a valid licence is to pull that vehicle over and check.
"probable cause" is a very American term and even though there is usually another reason to pull over a motor vehicle it is not a requirement under the Highway Traffic Act at this time mainly because driving in Ontario is not a right. It is a privilege that has to be earned and may be taken away.
Recent court case, R. v. Persaud, 2015 ONCJ 344 Does that not suggest police DO have access if they so request. Even if that requires a phone call, police officers DO have access to your insurance. This may be true, but I'm not entirely convinced on it. When my brother's license became suspended, I was stopped considerably more often than normal to ask for license and registration. He was not the owner of the vehicle, unless you're implying it's a coincidence. I was also under the impression that they had access to license suspensions under a vehicle, as he was always registered as a secondary driver. We both agree, that legally, driving is considered a privilege. However, just because it's a privilege doesn't necessarily mean that other rights are legally allowed to be violated. For example, just because you're driving the police isn't allowed to stop you and search your vehicle without reasonable grounds. Probable cause was just used interchangeably by me in place of reasonable grounds, the Canadian requirement (in this context).
Decatur wrote:
In reply to a few of Sonics comments,
The police do not have access to any database that will tell them if a vehicle or driver are insured. The reason you may see some drivers charged with failing to have a valid insurance card is that this offence can be laid against the driver of the motor vehicle.
A charge of driving without insurance can only be laid against the registered owner of the motor vehicle. This is a reverse onus offence for the sole reason that the police and prosecutor have no access to insurance company data and the driver/owner must provide proof that they in fact have insurance.
Recent court case,
R. v. Persaud, 2015 ONCJ 344
e) After so doing, he stopped the Dodge motor vehicle, and requested the Drivers Licence, Ownership Registration and Proof of Insurance from the male driver, who was the sole occupant of the vehicle.
f) The driver produced an Ontario Drivers Licence in the name of Nel Prashad, born on December 11th 1959 with an address of 62 Skyvalley Drive in Brampton, Ontario. The digitized photograph on the Licence matched the likeness of the driver, and the officer was satisfied with his identification.
g) Mr. Prashad did not produce the permit nor any proof of insurance with respect to the vehicle.
h) After a brief conversation with the driver, the officer permitted him to leave without laying any charges.
i) On September 4th 2014 at approximately 3:35 pm he called State Farm Insurance "and received certain information" and he was not satisfied that the said motor vehicle was insured.
j) He then charged the defendant with "Permit Motor Vehicle to be operated Without Insurance" contrary to section 2(1) (b) of the Compulsory Automobile Insurance Act.
Does that not suggest police DO have access if they so request. Even if that requires a phone call, police officers DO have access to your insurance.
As for identifying drivers who may not be licenced or may be suspended, the only indication that police get of a susupended person is if that person is also the owner of the motor vehicle in question. Therefore the only may to determine if a driver has a valid licence is to pull that vehicle over and check.
This may be true, but I'm not entirely convinced on it. When my brother's license became suspended, I was stopped considerably more often than normal to ask for license and registration. He was not the owner of the vehicle, unless you're implying it's a coincidence. I was also under the impression that they had access to license suspensions under a vehicle, as he was always registered as a secondary driver.
"probable cause" is a very American term and even though there is usually another reason to pull over a motor vehicle it is not a requirement under the Highway Traffic Act at this time mainly because driving in Ontario is not a right. It is a privilege that has to be earned and may be taken away.
We both agree, that legally, driving is considered a privilege. However, just because it's a privilege doesn't necessarily mean that other rights are legally allowed to be violated. For example, just because you're driving the police isn't allowed to stop you and search your vehicle without reasonable grounds. Probable cause was just used interchangeably by me in place of reasonable grounds, the Canadian requirement (in this context).
Last edited by Sonic on Sat Jun 27, 2015 5:43 pm, edited 1 time in total.
I'd argue it's not a right to drive and the police have been given the right to reasonably investigate drivers randomly for impairment based on interaction. If the officer believes you are obstructing that process by keeping your window closed, he's just going to request you step outside your vehicle and he'll question you that way. Until the Supreme Court rules otherwise, that's the way it is. If anyone believes anything about the process violates their rights, I guess they could probably spend time and money challenging it. They probably wont, though. Until then, i'll be careful with my words because the users and readers of this forum shouldn't be treated as guinea pigs. Also, when picking my battles I choose not to get argumentative or snarky over what I believe to be irrelevant questions from an officer. No one has to incriminate themselves. That's perfectly fine. While I don't personally answer every single question myself, I'm polite and respectful about it. Picking your battles doesn't just mean do as your told, it also means not everything asked of you requires a combative reaction and going to battle over. My answer to this would be pretty similar to the last and we could probably go in circles here. Driving is not considered a right. The ride program is legal. The officer checking for impairment based your interactions with him is legal. Avoiding the officer by keeping your window closed is just going to lead to you being asked to step outside the vehicle. Don't want to answer questions? It's up to the individual what they answer and how they react to it.
Sonic wrote:
Someone is simply implying to take advantage, or abide by the rights given to a person. Your suggestion implies that by using the rights awarded to you, police are going to use more intrusive methods to violate your rights... Lastly, you conclude by suggesting that you should pick your battles, otherwise inferring that by deciding not to have your charter rights infringed, you will be seen in a negative light and will not receive an optimal outcome.
I'd argue it's not a right to drive and the police have been given the right to reasonably investigate drivers randomly for impairment based on interaction. If the officer believes you are obstructing that process by keeping your window closed, he's just going to request you step outside your vehicle and he'll question you that way. Until the Supreme Court rules otherwise, that's the way it is. If anyone believes anything about the process violates their rights, I guess they could probably spend time and money challenging it. They probably wont, though. Until then, i'll be careful with my words because the users and readers of this forum shouldn't be treated as guinea pigs.
Also, when picking my battles I choose not to get argumentative or snarky over what I believe to be irrelevant questions from an officer. No one has to incriminate themselves. That's perfectly fine. While I don't personally answer every single question myself, I'm polite and respectful about it. Picking your battles doesn't just mean do as your told, it also means not everything asked of you requires a combative reaction and going to battle over.
Sonic wrote:
While your opinions may be valid, and proven by anecdotal evidence - your suggestion implies that a citizen's rights are not mandatory, but a privilege and that there are situations where it would be better to allow infringement of your rights rather than inconvenience law enforcement. The problem with the statement is that it is fundamentally flawed by implying that rights are something that should only be abided by at times, and that abiding by them has the potential to cause negative outcomes. Even if true, that is blatant infringement of the Charter and not supported by law...
My answer to this would be pretty similar to the last and we could probably go in circles here. Driving is not considered a right. The ride program is legal. The officer checking for impairment based your interactions with him is legal. Avoiding the officer by keeping your window closed is just going to lead to you being asked to step outside the vehicle. Don't want to answer questions? It's up to the individual what they answer and how they react to it.
I'd argue it's not a right to drive and the police have been given the right to reasonably investigate drivers randomly for impairment based on interaction. If the officer believes you are obstructing that process by keeping your window closed, he's just going to request you step outside your vehicle and he'll question you that way. Until the Supreme Court rules otherwise, that's the way it is. If anyone believes anything about the process violates their rights, I guess they could probably spend time and money challenging it. They probably wont, though. Until then, i'll be careful with my words because the users and readers of this forum shouldn't be treated as guinea pigs. Also, when picking my battles I choose not to get argumentative or snarky over what I believe to be irrelevant questions from an officer. No one has to incriminate themselves. That's perfectly fine. While I don't personally answer every single question myself, I'm polite and respectful about it. Picking your battles doesn't just mean do as your told, it also means not everything asked of you requires a combative reaction and going to battle over. My answer to this would be pretty similar to the last and we could probably go in circles here. Driving is not considered a right. The ride program is legal. The officer checking for impairment based your interactions with him is legal. Avoiding the officer by keeping your window closed is just going to lead to you being asked to step outside the vehicle. Don't want to answer questions? It's up to the individual what they answer and how they react to it. Police do have the rights to reasonably investigate drivers for certain purposes, but to suggest that you choose your battles carefully in itself suggest that you would be treated differently for abiding by your rights. That statement is in itself problematic, like I said earlier, just because something is a privilege, does not mean your rights do not apply. When a police officer asks where you're going for example, you can ask if it matters - sure you're being frustrating, but they are your rights. Any negative, or illegal treatment of someone for abiding by their rights is a significant infringement of their protected rights. If a police officer only has the right to investigate if you've been drinking, take a roadside screening test and check if license/ownership/insurance and vehicle fitness is in order... any other questions do not have to be answered. To suggest to willingly surrender a right in order to not inconvenience the officer is a very controversial statement.
bend wrote:
Sonic wrote:
Someone is simply implying to take advantage, or abide by the rights given to a person. Your suggestion implies that by using the rights awarded to you, police are going to use more intrusive methods to violate your rights... Lastly, you conclude by suggesting that you should pick your battles, otherwise inferring that by deciding not to have your charter rights infringed, you will be seen in a negative light and will not receive an optimal outcome.
I'd argue it's not a right to drive and the police have been given the right to reasonably investigate drivers randomly for impairment based on interaction. If the officer believes you are obstructing that process by keeping your window closed, he's just going to request you step outside your vehicle and he'll question you that way. Until the Supreme Court rules otherwise, that's the way it is. If anyone believes anything about the process violates their rights, I guess they could probably spend time and money challenging it. They probably wont, though. Until then, i'll be careful with my words because the users and readers of this forum shouldn't be treated as guinea pigs.
Also, when picking my battles I choose not to get argumentative or snarky over what I believe to be irrelevant questions from an officer. No one has to incriminate themselves. That's perfectly fine. While I don't personally answer every single question myself, I'm polite and respectful about it. Picking your battles doesn't just mean do as your told, it also means not everything asked of you requires a combative reaction and going to battle over.
Sonic wrote:
While your opinions may be valid, and proven by anecdotal evidence - your suggestion implies that a citizen's rights are not mandatory, but a privilege and that there are situations where it would be better to allow infringement of your rights rather than inconvenience law enforcement. The problem with the statement is that it is fundamentally flawed by implying that rights are something that should only be abided by at times, and that abiding by them has the potential to cause negative outcomes. Even if true, that is blatant infringement of the Charter and not supported by law...
My answer to this would be pretty similar to the last and we could probably go in circles here. Driving is not considered a right. The ride program is legal. The officer checking for impairment based your interactions with him is legal. Avoiding the officer by keeping your window closed is just going to lead to you being asked to step outside the vehicle. Don't want to answer questions? It's up to the individual what they answer and how they react to it.
Police do have the rights to reasonably investigate drivers for certain purposes, but to suggest that you choose your battles carefully in itself suggest that you would be treated differently for abiding by your rights. That statement is in itself problematic, like I said earlier, just because something is a privilege, does not mean your rights do not apply. When a police officer asks where you're going for example, you can ask if it matters - sure you're being frustrating, but they are your rights. Any negative, or illegal treatment of someone for abiding by their rights is a significant infringement of their protected rights. If a police officer only has the right to investigate if you've been drinking, take a roadside screening test and check if license/ownership/insurance and vehicle fitness is in order... any other questions do not have to be answered. To suggest to willingly surrender a right in order to not inconvenience the officer is a very controversial statement.
Recent court case, R. v. Persaud, 2015 ONCJ 344 Does that not suggest police DO have access if they so request. Even if that requires a phone call, police officers DO have access to your insurance. i'm surprised that an insurance company would release personal information by phone to somene who cant be identified. I'd never call someones insurance company. Not my job to prove you have insurance. If i have any doubt I lay the appropriate charge or charges and let the accused person deal with the prosecutor. This may be true, but I'm not entirely convinced on it. When my brother's license became suspended, I was stopped considerably more often than normal to ask for license and registration. He was not the owner of the vehicle, unless you're implying it's a coincidence. I was also under the impression that they had access to license suspensions under a vehicle, as he was always registered as a secondary driver. That would be because when the officer ran your plate, you were also run and a close hit would have come up with someone with the same last name and close particulars. If your brother had ever driven your car as well, and was stopped by police, he would have been associated to your motor vehicle in the police agencies local database. We both agree, that legally, driving is considered a privilege. However, just because it's a privilege doesn't necessarily mean that other rights are legally allowed to be violated. For example, just because you're driving the police isn't allowed to stop you and search your vehicle without reasonable grounds. Probable cause was just used interchangeably by me in place of reasonable grounds, the Canadian requirement (in this context). Search of the motor vehicle is a totally separate issue.
Sonic wrote:
Decatur wrote:
In reply to a few of Sonics comments,
The police do not have access to any database that will tell them if a vehicle or driver are insured. The reason you may see some drivers charged with failing to have a valid insurance card is that this offence can be laid against the driver of the motor vehicle.
A charge of driving without insurance can only be laid against the registered owner of the motor vehicle. This is a reverse onus offence for the sole reason that the police and prosecutor have no access to insurance company data and the driver/owner must provide proof that they in fact have insurance.
Recent court case,
R. v. Persaud, 2015 ONCJ 344
e) After so doing, he stopped the Dodge motor vehicle, and requested the Drivers Licence, Ownership Registration and Proof of Insurance from the male driver, who was the sole occupant of the vehicle.
f) The driver produced an Ontario Drivers Licence in the name of Nel Prashad, born on December 11th 1959 with an address of 62 Skyvalley Drive in Brampton, Ontario. The digitized photograph on the Licence matched the likeness of the driver, and the officer was satisfied with his identification.
g) Mr. Prashad did not produce the permit nor any proof of insurance with respect to the vehicle.
h) After a brief conversation with the driver, the officer permitted him to leave without laying any charges.
i) On September 4th 2014 at approximately 3:35 pm he called State Farm Insurance "and received certain information" and he was not satisfied that the said motor vehicle was insured.
j) He then charged the defendant with "Permit Motor Vehicle to be operated Without Insurance" contrary to section 2(1) (b) of the Compulsory Automobile Insurance Act.
Does that not suggest police DO have access if they so request. Even if that requires a phone call, police officers DO have access to your insurance.
i'm surprised that an insurance company would release personal information by phone to somene who cant be identified. I'd never call someones insurance company. Not my job to prove you have insurance. If i have any doubt I lay the appropriate charge or charges and let the accused person deal with the prosecutor.
As for identifying drivers who may not be licenced or may be suspended, the only indication that police get of a susupended person is if that person is also the owner of the motor vehicle in question. Therefore the only may to determine if a driver has a valid licence is to pull that vehicle over and check.
This may be true, but I'm not entirely convinced on it. When my brother's license became suspended, I was stopped considerably more often than normal to ask for license and registration. He was not the owner of the vehicle, unless you're implying it's a coincidence. I was also under the impression that they had access to license suspensions under a vehicle, as he was always registered as a secondary driver.
That would be because when the officer ran your plate, you were also run and a close hit would have come up with someone with the same last name and close particulars. If your brother had ever driven your car as well, and was stopped by police, he would have been associated to your motor vehicle in the police agencies local database.
"probable cause" is a very American term and even though there is usually another reason to pull over a motor vehicle it is not a requirement under the Highway Traffic Act at this time mainly because driving in Ontario is not a right. It is a privilege that has to be earned and may be taken away.
We both agree, that legally, driving is considered a privilege. However, just because it's a privilege doesn't necessarily mean that other rights are legally allowed to be violated. For example, just because you're driving the police isn't allowed to stop you and search your vehicle without reasonable grounds. Probable cause was just used interchangeably by me in place of reasonable grounds, the Canadian requirement (in this context).
Search of the motor vehicle is a totally separate issue.
I'm not fully understanding what the argument against ride checks is. They are there to make the roads safer.... I have a right to drive in public roadways and not be wrecked by an intoxicated driver. The program was started, I'm assuming, because of public outcry to do something about impaired drivers and a high accident/fatality rate from it (as it is sponsored by madd)? All you have to do is roll your window down and say "No" to the officer when he asks if you have been drinking, and take the pamphlet. Do you really have to get so butthurt about it that you have to give him a hard time, when the whole point of the operation is to make the roads safer for YOU? As far as I see it, the only reason you wouldn't want to roll your window down is if you have been drinking, in which case you should be nailed for it and your presupposed "constitutional rights" about the whole thing can keep you company in a jail cell. I get that in other situations the police being able to stop you and harass is an issue, but ride targets a specific issue and is legal, and aims to reduce the harm from impaired driving. What I missing here? I honestly don't understand what the problem is!
I'm not fully understanding what the argument against ride checks is. They are there to make the roads safer.... I have a right to drive in public roadways and not be wrecked by an intoxicated driver. The program was started, I'm assuming, because of public outcry to do something about impaired drivers and a high accident/fatality rate from it (as it is sponsored by madd)?
All you have to do is roll your window down and say "No" to the officer when he asks if you have been drinking, and take the pamphlet. Do you really have to get so butthurt about it that you have to give him a hard time, when the whole point of the operation is to make the roads safer for YOU? As far as I see it, the only reason you wouldn't want to roll your window down is if you have been drinking, in which case you should be nailed for it and your presupposed "constitutional rights" about the whole thing can keep you company in a jail cell.
I get that in other situations the police being able to stop you and harass is an issue, but ride targets a specific issue and is legal, and aims to reduce the harm from impaired driving. What I missing here? I honestly don't understand what the problem is!
I've done enough reading about the effectiveness of RIDE programs to accept the fact that statistically speaking they do NOT do anything to increase safety compared to normal police methods including patrolling, tips etc. I've also read that LEOs love the RIDE program because they are often during paid overtime periods (holidays, weekends). So yes I am annoyed by random without-cause checks by police with a financial incentive to do this sort of non police work that statistically speaking does not help reduce crime or reduce loss to life or damage to property. I as a Canadian citizen have a right to travel unmolested and to go about my business without the government's intervention. RIDE programs really remind me alot of recycling programs: they look good and everyone thinks that the programs actually do good in the world but the reality is that they do not and often cause more inconvenience and trouble than they are worth. ottman
I've done enough reading about the effectiveness of RIDE programs to accept the fact that statistically speaking they do NOT do anything to increase safety compared to normal police methods including patrolling, tips etc.
I've also read that LEOs love the RIDE program because they are often during paid overtime periods (holidays, weekends).
So yes I am annoyed by random without-cause checks by police with a financial incentive to do this sort of non police work that statistically speaking does not help reduce crime or reduce loss to life or damage to property. I as a Canadian citizen have a right to travel unmolested and to go about my business without the government's intervention.
RIDE programs really remind me alot of recycling programs: they look good and everyone thinks that the programs actually do good in the world but the reality is that they do not and often cause more inconvenience and trouble than they are worth.
As for me, I do not get rude, argumentative, snarky or combative in my dealings with police. I can very nicely and very politely ask if there is a law that requires me to do XYZ, and I can very nicely and very politely answer "no comment" to any questions asked.
bend wrote:
Also, when picking my battles I choose not to get argumentative or snarky over what I believe to be irrelevant questions from an officer. No one has to incriminate themselves. That's perfectly fine. While I don't personally answer every single question myself, I'm polite and respectful about it. Picking your battles doesn't just mean do as your told, it also means not everything asked of you requires a combative reaction and going to battle over.
As for me, I do not get rude, argumentative, snarky or combative in my dealings with police. I can very nicely and very politely ask if there is a law that requires me to do XYZ, and I can very nicely and very politely answer "no comment" to any questions asked.
At a recent council meeting in my Township, the council had asked the OPP to report some annual statistics for Ontario enforcement so they could compare to the township numbers. The report they brought back included the fact that in 2014 the OPP stopped over 1 million people at RIDE checks in that year, and issued only 650 impaired charges. 650 divided by 1,000,000 means that only 0.065% (less than 1%) of people stopped were charged. So the police violated the charter rights of 1 million people to lay 650 charges. So I have a problem with a charter violation that is legally being allowed to occur for "public safety" reasons, when in fact the impact to public safety is almost negligible. And what the statistics don't show is how many of those 650 charges were actually successfully prosecuted. I cannot find the those specific statistics I mentioned above, but to show that the percentage I am quoting is not out of line, here are some numbers from Waterloo Region which show a percentage of 0.05% http://www.wrps.on.ca/news/police-relea ... statistics All you have to do is say "no comment" to all questions asked... what so hard for people to get about that? Why is legally exercising my Charter Rights mean that I am giving the officer a hard time?
manwithaplan wrote:
I'm not fully understanding what the argument against ride checks is. They are there to make the roads safer.... I have a right to drive in public roadways and not be wrecked by an intoxicated driver. The program was started, I'm assuming, because of public outcry to do something about impaired drivers and a high accident/fatality rate from it (as it is sponsored by madd)?
At a recent council meeting in my Township, the council had asked the OPP to report some annual statistics for Ontario enforcement so they could compare to the township numbers. The report they brought back included the fact that in 2014 the OPP stopped over 1 million people at RIDE checks in that year, and issued only 650 impaired charges. 650 divided by 1,000,000 means that only 0.065% (less than 1%) of people stopped were charged. So the police violated the charter rights of 1 million people to lay 650 charges. So I have a problem with a charter violation that is legally being allowed to occur for "public safety" reasons, when in fact the impact to public safety is almost negligible. And what the statistics don't show is how many of those 650 charges were actually successfully prosecuted.
I cannot find the those specific statistics I mentioned above, but to show that the percentage I am quoting is not out of line, here are some numbers from Waterloo Region which show a percentage of 0.05%
All you have to do is roll your window down and say "No" to the officer when he asks if you have been drinking, and take the pamphlet. Do you really have to get so butthurt about it that you have to give him a hard time, when the whole point of the operation is to make the roads safer for YOU? As far as I see it, the only reason you wouldn't want to roll your window down is if you have been drinking, in which case you should be nailed for it and your presupposed "constitutional rights" about the whole thing can keep you company in a jail cell.
All you have to do is say "no comment" to all questions asked... what so hard for people to get about that? Why is legally exercising my Charter Rights mean that I am giving the officer a hard time?
I will be going to trial for my red light camera offence.
I'll be arguing two issues, centered on the fact that there are two essential elements of 144(18) - a) a vehicle approaching the intersection shall stop; and b) the vehicle shall not proceed until green. Both essential elements must be contravened beyond a reasonable doubt to be an offence.
1) My ticket says I (being the owner) am "charged…
I know that the RIDE program has been covered extensively in these great forums, but I have a question about the stop itself:
I recently was stopped for a RIDE Program and the officer asked me to roll the window down all of the way (I had it at half and could easily communicate with them). I told them that I could hear them just fine and they insisted I roll it down all of the way. Again I told…
Not sure the right place for this so if it needs to be moved please do so.
I was stopped today for 15 over the speed limit, I gave all the documents to the officer and he said he could not accept a photocopy of my ownership only the original I had a photo copy front and back and I had my plate sticker number with it.
he gave me a ticket for HWY ACT Section 7(5)(a) he said only the original would…
Hey! I'm from Sudbury Ontario. Hope that general talk is fine for this subject
I am very serious about looking for exact ruling about underfacing lighting
Section 14 clearly states:
Red and blue lights to the front restricted
(14.1) In addition to the lighting requirements in this Part, a police department vehicle may carry lamps that cast red and blue lights, but no other motor vehicle shall carry…
i was driving my dad's car when i was caught by the red light camera in Brampton. My dad would've to take time off work to go ask for a trial and then go to one.
Can i represent him? if yes, what do i need to do?
I was pulled over and told I went through a red light during a right turn. I learned through a friend who is a police constable that the one who pulled me over is new to the job (under a year, and possibly even the first month or two of real duty).
I was given a ticket for $180. I have some questions:
(1) Is this offense automatically associated with 3 demerit points? I see no mention of them on…
I got a ticket for 'Disobey Stop Sign' in November of 2013 (in York Region), requested disclosure and went to court in August of 2014. At my first appearance, I did not plea but requested an ajournment to to consult legal advice. The JOP set the next appearance in September.
I contacted a paralegal about my options. He told me that on my next appearance, if the police officer did not show, the…
I had a trial and found guilty, but the trial seemed to go wrong since the beginning.
The JP asked me if i am intending to take the stand- I said NO.
I asked how to submit my evidence-documents and photos.
JP said-i have to take the stand if i want to submit evidence.(Now i am finding this is wrong-i could introduce my evidence during cross examination and my defense would be much stronger)
Ottawa, Canada (AHN) - Beginning Tuesday, or April Fool's Day 2008, fines on Quebec drivers caught overspeeding will be doubled. It is not only the money penalty that will go up, but also demerit points.
The new law, Bill 42, is similar to Ontario's street racing rule. It stipulates fines for motorists who drive at over 40 km/h at under 60 km/h zones, speed at 50 km/h at 60 to 90 km/h areas and…
Make big trucks go slower and the roads will become safer.
Obvious, isn't it? It's also obvious when you look out the window that the world is flat.
Last Monday, truckers in Ontario tried to mount a convoy to Queen's Park to show their opposition to electronic speed limiters. These devices, electronic chips in trucks' engine management systems, restrict speeds…
I was out on a four lane highway around Orangeville Ontario and I noticed a school bus coming south (I was going north). I kept my eyes on the bus in case it was going to stop. As I approached it, it was slowing down a little, but no lights, and especially no arm with the STOP sign. As I was just about to pass the bus, I still did not see the lights, nor did I see the STOP sign.
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,…
Driving on a 80km/hr highway the car ahead hits the brakes and slows to 55, l slow down right behind him no reason to slow down traffic was moving between 80 and 90. I notice the driver is on the phone and looking through papers on the passenger seat. He begins to start to go a opp officer drives by doing 80 plus in oncoming lane turns around and says l was following to close. Told him what was…
My son was making a right turn at the intersection he had a green so slowed down looked and proceeded into the turn. It was pouring rain and the was a big pool of water as he got arround the curb. He tried to keep the car going sharp right however it slid into the car making a left turn. the lane he was turning into is very narrow and at a very busy corner. He paniced and left the scene only…
I had an collision the other day. I was turing left and ran into a car going straight in the opposite direction. The insurance company has already determined that I'm at fault, since I made the left turn. But I'm wondering whether I should go on trail and at least I might get rid of the ticket. The ticket was under 142(1)
I was told that if I go on court, both the guy I hit and the officer who…
question for a friend of mine.....says she got a 3 day suspension for giving a A on a roadside. Thing is she wasnt driving. She is a g2 driver and the car was parked in a parking lot, she just ran out to get something and turned the car on. Can a 3 day be issued if you arent driving on a highway - (I've read for impaired it doesnt matter, but 3 day isnt criminal)? And is there any way to…
I can't find the category for this post so I'm posting it here.
Two questions...
1. Are golf carts considered a 'vehicle' under the Highway traffic act? I know carts can't drive across roads or on roads but if you try to bring one from the USA into Canada they are considered a 'vehicle'.
2. If you are on private property are you allowed to carry 'opened' alcohol in your golf cart? I know golf…
I got pulled over (along with about 10 other cars) for going through a road closed sign. I had just pulled out of a parking lot pretty much right beside the road closed sign, and with about 4 cars behind me there wasn't much I could do but go through, so I think I have a good chance of fighting it. However, on my ticket under the Signature of issuing Provincial Offences Officer, it's left…
I was driving westbound on Hwy. 8 earlier this month in North Dumfries Township, approaching the Cambridge city limits. The weather was clear and the roads were dry. I noticed a vehicle on the shoulder on my side of the road, pointing towards me. This didn't concern me right away, as it is a rural area and I sometimes see vehicles doing mail delivery. The vehicle then started accelerating and…
I was pulled over yesterday in a community safety zone and told I was doing 84 in a 50. When i passed the officer I looked at my odometer and I was only doing 64. I was given a summons on the spot to appear in court at the end of June. Do I have any chance in this if it comes down to his word over mine. I was in the car alone but have travelled these same roads every day, twice a day for 6 years…
who is at fault when :a) a passenger opens door and jumps out of vehicle onto the road with traffic. b) he gets hit by a car travelling in the adjoining lane. c) traffic lights were green. d) pedestrian crossing was further up and indicated "no crossing" light e) the vehicle that he exited from leaves the scene as soon as accident occurred. f) no charges have been laid after police filed report…