Recently my mom was pulled over and the officer threw the ticket at her and told her "see me in court". I was for a expired stick, which I advised her she should change and also film a cop when pulled over because of situations like this. Anyway, my questions are: 1. Can you swear at the officer during a traffic stop? 2. At what point can an officer order you out of the vehicle? Thanks
Recently my mom was pulled over and the officer threw the ticket at her and told her "see me in court". I was for a expired stick, which I advised her she should change and also film a cop when pulled over because of situations like this.
Anyway, my questions are:
1. Can you swear at the officer during a traffic stop?
2. At what point can an officer order you out of the vehicle?
This is the type of question that will send a topic into a never ending vortex. You're going to get a one or two wannabe freedom fighters in here and it'll never end.... Too many people look at this like "what can I do" instead of "what should I do". I have a feeling there's a bit more to this story. Keep in mind the side of the road is not a courtroom. Take your ticket and simply go. There's absolutely no advantage to getting into a back and forth with an officer roadside. If you disagree with the charge, you're more than free to ask for a trial. That's all. Move on. You're allowed to disagree, and that's fine. Just don't do it on the side of the road. If you have a issue with an officer, there's a complaint process. It's independent from your ticket. They are two separate issues. Whoever is seeing your HTA case wont care about the officers attitude and vice versa.
This is the type of question that will send a topic into a never ending vortex. You're going to get a one or two wannabe freedom fighters in here and it'll never end....
Too many people look at this like "what can I do" instead of "what should I do".
I have a feeling there's a bit more to this story. Keep in mind the side of the road is not a courtroom. Take your ticket and simply go. There's absolutely no advantage to getting into a back and forth with an officer roadside. If you disagree with the charge, you're more than free to ask for a trial. That's all. Move on. You're allowed to disagree, and that's fine. Just don't do it on the side of the road.
If you have a issue with an officer, there's a complaint process. It's independent from your ticket. They are two separate issues. Whoever is seeing your HTA case wont care about the officers attitude and vice versa.
Can you swear at a police? Yes. There is no charge they can charge you with for swearing at them. Is it a good idea? Probably not, as it may lead to them finding other violations that they might have overlooked otherwise. Personally (as a wannabe freedom fighter) I subscribe to the be polite, but don't answer questions philosophy. I am only obligated to provide my drivers license, insurance and registration when asked. I am not obligated to answer any questions. People seem to feel the need to explain their situation but usually this just ends with them proving themselves to be guilty. Google the following and read up on your rights: ontario know your rights talking to police
Can you swear at a police? Yes. There is no charge they can charge you with for swearing at them. Is it a good idea? Probably not, as it may lead to them finding other violations that they might have overlooked otherwise.
Personally (as a wannabe freedom fighter) I subscribe to the be polite, but don't answer questions philosophy. I am only obligated to provide my drivers license, insurance and registration when asked. I am not obligated to answer any questions. People seem to feel the need to explain their situation but usually this just ends with them proving themselves to be guilty.
Google the following and read up on your rights:
ontario know your rights talking to police
I am not a lawyer and I am not a paralegal and I do not give legal advice.
All statements made are my opinion only.
As others have said, be polite and hand over your licence and vehicle documents when asked, but watch your self to make sure you don't say anything incriminating. My goal during a traffic stop is to be as forgettable as possible so that come court time the cop doesn't remember anything about me except for what he has scribbled in his notes. If you get into a big argument with the officer, he is much more likely to remember the details of the stop and he will probably take excellent notes so that he can nail you in court. Remember that if the cop has decided to write you a ticket there is pretty much nothing you can say that will make him change his mind so running your mouth will only hurt your cause. While there is no law against swearing at an officer, be sure not to escalate things to the point where the officer can claim that you threatened him especially if you are dealing with an officer who is a bit of a hot head. The last thing you want to do is to give him an excuse to throw you in jail or rough you up. If his behaviour was way out of line you can always file a complaint with the professional standards unit of the police force involved.
As others have said, be polite and hand over your licence and vehicle documents when asked, but watch your self to make sure you don't say anything incriminating. My goal during a traffic stop is to be as forgettable as possible so that come court time the cop doesn't remember anything about me except for what he has scribbled in his notes. If you get into a big argument with the officer, he is much more likely to remember the details of the stop and he will probably take excellent notes so that he can nail you in court. Remember that if the cop has decided to write you a ticket there is pretty much nothing you can say that will make him change his mind so running your mouth will only hurt your cause. While there is no law against swearing at an officer, be sure not to escalate things to the point where the officer can claim that you threatened him especially if you are dealing with an officer who is a bit of a hot head. The last thing you want to do is to give him an excuse to throw you in jail or rough you up. If his behaviour was way out of line you can always file a complaint with the professional standards unit of the police force involved.
Shrektek is not completely correct in his response. Depending on the circumstances, if you're in or around a public place where the swearing occurs it could be considered causing a disturbance under the Criminal Code. This is a pretty big stretch but getting into it with an officer at the roadside has the potential to escalate into something more serious. Again, this would only apply in extreme cases where other members of the public are around and are disturbed by the swearing. Causing disturbance, indecent exhibition, loitering, etc. 175 (1) Every one who (a) not being in a dwelling-house, causes a disturbance in or near a public place, (i) by fighting, screaming, shouting, SWEARING, singing or using insulting or obscene language,
Shrektek is not completely correct in his response. Depending on the circumstances, if you're in or around a public place where the swearing occurs it could be considered causing a disturbance under the Criminal Code. This is a pretty big stretch but getting into it with an officer at the roadside has the potential to escalate into something more serious. Again, this would only apply in extreme cases where other members of the public are around and are disturbed by the swearing.
Causing disturbance, indecent exhibition, loitering, etc.
175 (1) Every one who
(a) not being in a dwelling-house, causes a disturbance in or near a public place,
(i) by fighting, screaming, shouting, SWEARING, singing or using insulting or obscene language,
This is exactly why if I was going to swear at the cop or argue I have a camera rolling. If you were to tell him "I hope you die" or somethign along those lines he surely would say thats a threat. However if you had the camera, pending the officer doesnt smash it while he roughs you up, you could show you did not. I wasn't there for my moms traffic stop but she has no evidence anyway so I am sure any complaint she files goes straight in the trash. I wish she did as that would be considered assault with a weapon if she was to throw a piece of paper at the officer (ex: officer bubbles).. When can the officer ask you out of a vehicles though? Can he order you out if he does not like your attittude?
daggx wrote:
As others have said, be polite and hand over your licence and vehicle documents when asked, but watch your self to make sure you don't say anything incriminating. My goal during a traffic stop is to be as forgettable as possible so that come court time the cop doesn't remember anything about me except for what he has scribbled in his notes. If you get into a big argument with the officer, he is much more likely to remember the details of the stop and he will probably take excellent notes so that he can nail you in court. Remember that if the cop has decided to write you a ticket there is pretty much nothing you can say that will make him change his mind so running your mouth will only hurt your cause. While there is no law against swearing at an officer, be sure not to escalate things to the point where the officer can claim that you threatened him especially if you are dealing with an officer who is a bit of a hot head. The last thing you want to do is to give him an excuse to throw you in jail or rough you up. If his behaviour was way out of line you can always file a complaint with the professional standards unit of the police force involved.
This is exactly why if I was going to swear at the cop or argue I have a camera rolling. If you were to tell him "I hope you die" or somethign along those lines he surely would say thats a threat. However if you had the camera, pending the officer doesnt smash it while he roughs you up, you could show you did not.
I wasn't there for my moms traffic stop but she has no evidence anyway so I am sure any complaint she files goes straight in the trash. I wish she did as that would be considered assault with a weapon if she was to throw a piece of paper at the officer (ex: officer bubbles)..
When can the officer ask you out of a vehicles though? Can he order you out if he does not like your attittude?
An officer can tell you to get out of your car for the purpose of checking for sobriety. Another reason would be for the officers safety. "Attitude" may not mean the same for you as it does for the officer. The officer may look at it as someone who is aggressive, moving their hands, not keeping still, etc. At that point, it can become an issue of officer safety.
PounDDer wrote:
When can the officer ask you out of a vehicles though? Can he order you out if he does not like your attittude?
An officer can tell you to get out of your car for the purpose of checking for sobriety.
Another reason would be for the officers safety.
"Attitude" may not mean the same for you as it does for the officer. The officer may look at it as someone who is aggressive, moving their hands, not keeping still, etc. At that point, it can become an issue of officer safety.
'Officer Bubbles' was an idiot. But so are those who are disrespectful to officers doing their job. It's a two way street. The posts above saying that you are better to do what's asked and complain later if you must are bang on. To not get out of the car when told to do so is not going to end well. If you felt you shouldn't have been asked then complain later.
'Officer Bubbles' was an idiot. But so are those who are disrespectful to officers doing their job. It's a two way street. The posts above saying that you are better to do what's asked and complain later if you must are bang on. To not get out of the car when told to do so is not going to end well. If you felt you shouldn't have been asked then complain later.
Former Ontario Police Officer. Advice will become less relevant as the time goes by !
This is exactly why if I was going to swear at the cop or argue I have a camera rolling. If you were to tell him "I hope you die" or somethign along those lines he surely would say thats a threat. However if you had the camera, pending the officer doesnt smash it while he roughs you up, you could show you did not. I wasn't there for my moms traffic stop but she has no evidence anyway so I am sure any complaint she files goes straight in the trash. I wish she did as that would be considered assault with a weapon if she was to throw a piece of paper at the officer (ex: officer bubbles).. When can the officer ask you out of a vehicles though? Can he order you out if he does not like your attittude? I wasn't there, neither were you. Everything your mother says to you is her perception of what occurred , did the officer throw the ticket ? Maybe... but in my 10 years I'd never seen that happen. The big thing is perception and everyones is different. Assault with a weapon ... you'd have better chance of winning lotto 649. Argyll was right, if you have a complaint wait until emotions aren't high and decide if thats the route you'd like to take. Getting into a dispute on the roadside with an officer isn't a wise idea unless you want your vehicle inspected from top to bottom or to end up with a court date and I can almost guarantee they could find more reasons to lay even more charges under HTA if they do an inspection. The majority of officers out there (even traffic cops) are good people doing their job properly and within the confines of the law. Yes there are bad apples as there are in any profession, plain and simple. To answer you , no they cannot order you out of the car for your attitude but as the passenger having an attitude and swearing at the cop playing ''tough guy'' won't help your moms situation as the driver/owner.
PounDDer wrote:
daggx wrote:
As others have said, be polite and hand over your licence and vehicle documents when asked, but watch your self to make sure you don't say anything incriminating. My goal during a traffic stop is to be as forgettable as possible so that come court time the cop doesn't remember anything about me except for what he has scribbled in his notes. If you get into a big argument with the officer, he is much more likely to remember the details of the stop and he will probably take excellent notes so that he can nail you in court. Remember that if the cop has decided to write you a ticket there is pretty much nothing you can say that will make him change his mind so running your mouth will only hurt your cause. While there is no law against swearing at an officer, be sure not to escalate things to the point where the officer can claim that you threatened him especially if you are dealing with an officer who is a bit of a hot head. The last thing you want to do is to give him an excuse to throw you in jail or rough you up. If his behaviour was way out of line you can always file a complaint with the professional standards unit of the police force involved.
This is exactly why if I was going to swear at the cop or argue I have a camera rolling. If you were to tell him "I hope you die" or somethign along those lines he surely would say thats a threat. However if you had the camera, pending the officer doesnt smash it while he roughs you up, you could show you did not.
I wasn't there for my moms traffic stop but she has no evidence anyway so I am sure any complaint she files goes straight in the trash. I wish she did as that would be considered assault with a weapon if she was to throw a piece of paper at the officer (ex: officer bubbles)..
When can the officer ask you out of a vehicles though? Can he order you out if he does not like your attittude?
I wasn't there, neither were you. Everything your mother says to you is her perception of what occurred , did the officer throw the ticket ? Maybe... but in my 10 years I'd never seen that happen. The big thing is perception and everyones is different. Assault with a weapon ... you'd have better chance of winning lotto 649. Argyll was right, if you have a complaint wait until emotions aren't high and decide if thats the route you'd like to take.
Getting into a dispute on the roadside with an officer isn't a wise idea unless you want your vehicle inspected from top to bottom or to end up with a court date and I can almost guarantee they could find more reasons to lay even more charges under HTA if they do an inspection. The majority of officers out there (even traffic cops) are good people doing their job properly and within the confines of the law. Yes there are bad apples as there are in any profession, plain and simple.
To answer you , no they cannot order you out of the car for your attitude but as the passenger having an attitude and swearing at the cop playing ''tough guy'' won't help your moms situation as the driver/owner.
I look at it this way. I pull someone over and I can do two things..Write a ticket or write a warning. Guess go tends to get tickets and who tends to get warnings. OPS
I look at it this way. I pull someone over and I can do two things..Write a ticket or write a warning.
Guess go tends to get tickets and who tends to get warnings.
Well, my questions have been answered so I guess this thread is pretty much closed. I can honestly say I have never been let off with a warning. Even when the officer was in the wrong they gave me the tickets and I can promise I was quite pleasent. I know my attittude towards the police was soured when I was working downtown Toronto and I was issued a ticket against my license for a parking sign. At the time the police were hiding around corners and waiting for delivery and service guys to jump into their vehicles. I guess the cops didnt care as loading docks will not allow you to enter and the underground parking lots ceilings were too low to drive into. I took it to court and the JP rolled his eyes when he read the name and the ticket. It was reduced to a parking ticket...... That was the one time I honestly would have liked to have told the officer where to go. Thanks for the replies.
Well, my questions have been answered so I guess this thread is pretty much closed.
I can honestly say I have never been let off with a warning. Even when the officer was in the wrong they gave me the tickets and I can promise I was quite pleasent.
I know my attittude towards the police was soured when I was working downtown Toronto and I was issued a ticket against my license for a parking sign. At the time the police were hiding around corners and waiting for delivery and service guys to jump into their vehicles. I guess the cops didnt care as loading docks will not allow you to enter and the underground parking lots ceilings were too low to drive into. I took it to court and the JP rolled his eyes when he read the name and the ticket. It was reduced to a parking ticket...... That was the one time I honestly would have liked to have told the officer where to go.
I would say, yes you could "Causing disturbance, indecent exhibition, loitering, etc. 175. (1) Every one who (a) not being in a dwelling-house, causes a disturbance in or near a public place, (i) by fighting, screaming, shouting, swearing, singing or using insulting or obscene language,"
I would say, yes you could
"Causing disturbance, indecent exhibition, loitering, etc.
175. (1) Every one who
(a) not being in a dwelling-house, causes a disturbance in or near a public place,
(i) by fighting, screaming, shouting, swearing, singing or using insulting or obscene language,"
ShrekTek wrote:
Can you swear at a police? Yes. There is no charge they can charge you with for swearing at them. Is it a good idea? Probably not, as it may lead to them finding other violations that they might have overlooked otherwise.
Personally (as a wannabe freedom fighter) I subscribe to the be polite, but don't answer questions philosophy. I am only obligated to provide my drivers license, insurance and registration when asked. I am not obligated to answer any questions. People seem to feel the need to explain their situation but usually this just ends with them proving themselves to be guilty.
Google the following and read up on your rights:
ontario know your rights talking to police
--------------------------------------------------------------
* NO you cant touch your phone
* Speeding is speeding
* Challenge every ticket
* Impaired driving, you should be locked up UNDER the jail
A few years ago, I was driving home from Florida with my father. My mother, wife and kids had flown home because of pressing schedules, so I offered to drive home with my dad (I had the flexibility to do that in those days). I was pulled over by a state trooper in West Virginia for driving somewhere around 80 mph in what I thought was a 70-mph zone, but was a 60. It's a curvy, mountainous area. The officer approached on the right to protect himself from traffic. My father started mouthing off to the officer; I elbowed him in the side to get him to shut up. After the officer took my licence, registration and insurance to his car, I told my father NEVER to act that way with a police officer. When I saw the officer returning a few minutes later with a yellow piece of paper, I knew I was receiving a ticket. Instead, the officer came back to my father's window and said something along the lines of "I know you're anxious to get home and you're used to looking at the big white numbers on your speedometer, not the little blue ones. I'm giving you a warning [in WV, warnings are done on the same form as tickets, so they're in the system]. The next 20 miles or so are really twisty; that's why the limit is only 60 through here. Just try to keep close to that and you'll be fine." I smiled and thanked the officer. I'm sure if my father hadn't been in the car with me, I would have received a ticket, even though I was polite with the officer. It was obvious I was driving him home from a vacation or winter stay in a warmer place and wasn't just a guy in his early 50's driving through the middle of nowhere. Then again, the fact I was polite and contrite helped either way. The irony is we had switched drivers only about fifteen minutes earlier after filling the car.
A few years ago, I was driving home from Florida with my father. My mother, wife and kids had flown home because of pressing schedules, so I offered to drive home with my dad (I had the flexibility to do that in those days). I was pulled over by a state trooper in West Virginia for driving somewhere around 80 mph in what I thought was a 70-mph zone, but was a 60. It's a curvy, mountainous area. The officer approached on the right to protect himself from traffic. My father started mouthing off to the officer; I elbowed him in the side to get him to shut up. After the officer took my licence, registration and insurance to his car, I told my father NEVER to act that way with a police officer. When I saw the officer returning a few minutes later with a yellow piece of paper, I knew I was receiving a ticket.
Instead, the officer came back to my father's window and said something along the lines of "I know you're anxious to get home and you're used to looking at the big white numbers on your speedometer, not the little blue ones. I'm giving you a warning [in WV, warnings are done on the same form as tickets, so they're in the system]. The next 20 miles or so are really twisty; that's why the limit is only 60 through here. Just try to keep close to that and you'll be fine." I smiled and thanked the officer.
I'm sure if my father hadn't been in the car with me, I would have received a ticket, even though I was polite with the officer. It was obvious I was driving him home from a vacation or winter stay in a warmer place and wasn't just a guy in his early 50's driving through the middle of nowhere. Then again, the fact I was polite and contrite helped either way. The irony is we had switched drivers only about fifteen minutes earlier after filling the car.
Off topic, but anyone driving through West Virginia should be aware that 80 mph or higher is considered reckless there, and comes with a minimum 5 day jail term....
Zatota wrote:
A few years ago ... I was pulled over by a state trooper in West Virginia for driving somewhere around 80 mph...
Off topic, but anyone driving through West Virginia should be aware that 80 mph or higher is considered reckless there, and comes with a minimum 5 day jail term....
Good to know! If I ever again drive the so-called Summer Route, I'll keep that in mind.
whaddyaknow wrote:
Off topic, but anyone driving through West Virginia should be aware that 80 mph or higher is considered reckless there, and comes with a minimum 5 day jail term....
Good to know! If I ever again drive the so-called Summer Route, I'll keep that in mind.
I have a problem and not sure what the hell to do about it. Few days ago I was stopped on a street going westbound against blinding afternoon sun following the flow of traffic. I drive a taxi for living in Toronto and have ACZ driver's license. I have a perfect record both for professional as well regular demerit points. I haven't been pulled over as a matter of fact in some 15 years for…
I have recently gone to court for a speeding ticket issued by an OPP officer. As it stood, the officer forgot to sign the ticket. So at my trial, before I made a plea, I pointed this out to the justice of the peace and asked that the ticket be quashed. I was asked to produce my copy of the ticket, which I gave and the JOP then agreed with me and dismissed the case. Before he did so, the…
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…
So here's my situation, any advice would be appreciated.
On June 26, 2013 I received a ticket for 25 over in a 60 zone
In early October I received my notice of trial (Feb 25, 2014)
In early January I sent in my request for disclosure
In late January I received a letter to pick up my disclosure, however when I picked up my disclosure it wasn't typed (I had requested it to be) and I needed…
Is there a legal requirement to report an accident to the insurer?
Scenario
- 2 vehicle accident
- each vehicle has less than $1000 damage
- each vehicle has damage roughly equal to insurance deductible
- a police Accident Report was completed
In this scenario the drivers decided to repair their own damages. But are they legally bound to report the accident and damages to the insurer? ...and out of…
I will be representing my wife at her speeding trial next week. Mostly everything is pretty much run of the mill but since she wasn't speeding we will be having her take the stand. Since this opens up the opportunity for the prosecutor to cross examine, I am just wondering if anyone here knows what kind of questions we should expect from the prosecutor in order to best prepare.
i got pulled over by a cop this morning in my kids's school zone for failure to stop at a stop sign. i am thinking of fighting this ticket, but i noticed that on the ticket itself it only says "disobey stop sign - fail to stop" and there is no mention of the demerit points. a co-worker mentioned to me that a ticket should state how many demerit points i am being docked. i know the Highway Traffic…
Alright, so this happened back awhile ago on June and I haven't appeared in Court. However, I would like some inputs and advice before I get into this battle.
Back in June I got a Speeding Ticket claiming I was going 100km/h on Blackcreek going south towards Lawrence. The Speed Limit there is 70km/h.
At this point of time, it was roughly traffic hour around 4-5PM. Coming off of the Highway, and…
Ive already done searches, read the act as best i can but still haven't read a complete answer. Where in the HTA does it state that the front license plate must be attached to the front bumper? I have it on the passenger sun visor (if ppl remember the old temp permits that taped to the pass side of windshield) i figured that this spot would be the same. However now they have got rid of…
My son was returning from school and was just entering the driveway when another vehicle hit the rear end. Police writes a ticket "fail to yield from private drive" 139(i). He is going to fight this ticket and made an application for disclosure. The trial is next week and he still hasn't received the disclosure.
He checked with the court last month and they said that they will call when disclosure…
i was travelling on the 401 (posted speed 100km/h) in the far left lane, when i caught up to a vehicle going ~110km/h. I patiently waited for the vehicle to move over a lane, but they did not. The vehicle behind me moved to the center lane to pass, but because he was a safe distance behind me, i moved into the middle lane ahead of him to pass the slower moving car. When I accelerated, i…
So I was returning from my honeymoon in Montreal, and was cruising down the 401 just inside the Ontario/Quebec border. I was passing one of the Onroute stations and saw an OPP cruiser. I checked my speed and I was doing 120. A few kilometers up the road the cruiser pulled me over and told me I was clocked doing 132 by the aircraft. I was a little surprised to see the ticket was for the full…
I made a right turn during prohibited hours (7am-6pm) in Toronto. I was ticketed by a COP who was specially watching for that trap.
After I've received the ticket HTA144(9), I discovered one of the seven digits of my license plate was incorrectly written on my ticket. I was thinking about to make a First Attendance at the court office to see the prosecutor for a reduced charge...any advice or…
Have been busy and haven't had much time to follow up on this...
Went to court having not received disclosure (and was not organized enough to apply for a stay), so the trial was adjourned. They photocopied the officer's ticket and notes and provided a log sheet from the plane. I've sent another request for the rest of the disclosure items.
So here's my question -- can an officer amend the ticket…
I am not sure if my case is really a case of " mis-use parking permit" and need some advises on whether i should fight the ticket. Here is what happened:
During the labor day long weekend, I took my parents to diner at a local shopping mall. (my father's hip was broken in 2016 and he's been on wheelchair since, the permit is in his name and I been using the permit to help him for doctor's…
I have a court date coming up where I need to subpoena one of the officers that was present when I got my ticket. The issuing officer didn't include the fact that the second one was present at the time in his report (disclosure) but did give me the second officers name and badge number after the judge told him to do it.
What I'm looking for help with is the process of me getting to…
I got pulled over on a 4 lane section fo Highway 7... Thank god I didn't get a stay at home ticket as well or my car impounded.
Officer clocked me at 156 km/h he decided not to impound my car and give me a 149 km/h since it was my first offence and he said I was polite and respectful. I would give this officer a 5/5 review if I could, very polite and respectful.
Long story short, I was driving from Toronto to Ottawa and around Napanee with my friend in two separated cars, the officer was parked on uturn. He followed us turn his light on and got between us and pulled us over, he told me that i was running at 152 km/h without showing me his LISAR. they suspended my and my friends license and impounded the two cars for 7 days. This was a Friday in January…
I'm unsure on what to do here. I was under the impression that I could request a stay on the day of trial because disclosure was not given to me in an adequate time. I requested disclosure 2x by fax, 5 months ago.
I read on ticketcombat that I had to file a motion 15 days prior to the trial to request a stay of proceedings.
Does anyone else get blinded by fog lights on rural roads? I don't seem to have a problem with them on lighted streets, but the badly aimed fog lights or ones with a poor cutoff really get to me when driving the Escort. I just came back from a 20-minute drive, and every single pickup truck had fog lights on, and forced me to focus on the bottom right of the road. My windshield is clean and…