So just heard on the news that a new regulation is being implemented, soon police officers stopping people will need to advise them they do not have to talk to them. Odd if you ask me, because it makes the entire process moot since right there that individual can turn around and say "OK, then I'm walking, ciao". But that is not what got me wondering, what I'm wondering is how is this going to really play out on the street when a driver gets pulled over. I suspect half the officers will not be very kind/happy if a driver decides to utilize this right. Once again politicians implementing a half baked idea, (IMO) but hey, what do I know? I'm a simpleton....
So just heard on the news that a new regulation is being implemented, soon police officers stopping people will need to advise them they do not have to talk to them. Odd if you ask me, because it makes the entire process moot since right there that individual can turn around and say "OK, then I'm walking, ciao".
But that is not what got me wondering, what I'm wondering is how is this going to really play out on the street when a driver gets pulled over.
I suspect half the officers will not be very kind/happy if a driver decides to utilize this right.
Once again politicians implementing a half baked idea, (IMO) but hey, what do I know? I'm a simpleton....
Well if people understood their rights, they would already know that they do not have to talk to police and do not have to answer any questions. In Ontario, the only information you MUST give a police officer (or risk being charged for not providing it) is: - if doing something that requires a license (like hunting), you must provide that license when asked (but you do not have to talk or answer any questions); - if being charged with something, you must provide name, address and date of birth when asked. This could be done either by providing identification OR by just verbally providing this information (but you do not have to talk or answer any other questions); - if driving a car, you must report any accident you are in (but you do not have to talk or answer any other questions); - if driving a car, you must provide license, ownership and insurance when asked (but you do not have to talk or answer any questions); NEVER volunteer any of this information. Always wait to be asked for it. Always asked if you are required to give them the information. Always say that any information you give them is not voluntary. And remember to always be polite and NEVER lie to police. You are better to shut your mouth and say nothing at all rather than to lie.
Well if people understood their rights, they would already know that they do not have to talk to police and do not have to answer any questions.
In Ontario, the only information you MUST give a police officer (or risk being charged for not providing it) is:
- if doing something that requires a license (like hunting), you must provide that license when asked (but you do not have to talk or answer any questions);
- if being charged with something, you must provide name, address and date of birth when asked. This could be done either by providing identification OR by just verbally providing this information (but you do not have to talk or answer any other questions);
- if driving a car, you must report any accident you are in (but you do not have to talk or answer any other questions);
- if driving a car, you must provide license, ownership and insurance when asked (but you do not have to talk or answer any questions);
NEVER volunteer any of this information.
Always wait to be asked for it.
Always asked if you are required to give them the information.
Always say that any information you give them is not voluntary.
And remember to always be polite and NEVER lie to police. You are better to shut your mouth and say nothing at all rather than to lie.
"NEVER volunteer any of this information. Always wait to be asked for it. Always asked if you are required to give them the information. Always say that any information you give them is not voluntary." If you follow this advice, be prepared to get every ticket that the officer has grounds to lay. You're better off engaging in a polite greeting and getting the documents for the officer without any of the extra statements that jsherk thinks are some magic phrase that will prevent the use of your identity in court.
"NEVER volunteer any of this information.
Always wait to be asked for it.
Always asked if you are required to give them the information.
Always say that any information you give them is not voluntary."
If you follow this advice, be prepared to get every ticket that the officer has grounds to lay.
You're better off engaging in a polite greeting and getting the documents for the officer without any of the extra statements that jsherk thinks are some magic phrase that will prevent the use of your identity in court.
I'm assuming the regulation you're referring to is in regards to street checks (commonly called "carding" in the Toronto media). The new policy specifically states it does not apply in situations in which an individual is legally required to provide their information, such as during a traffic stops.
Observer135 wrote:
So just heard on the news that a new regulation is being implemented, soon police officers stopping people will need to advise them they do not have to talk to them. Odd if you ask me, because it makes the entire process moot since right there that individual can turn around and say "OK, then I'm walking, ciao".
But that is not what got me wondering, what I'm wondering is how is this going to really play out on the street when a driver gets pulled over.
I suspect half the officers will not be very kind/happy if a driver decides to utilize this right.
Once again politicians implementing a half baked idea, (IMO) but hey, what do I know? I'm a simpleton....
I'm assuming the regulation you're referring to is in regards to street checks (commonly called "carding" in the Toronto media). The new policy specifically states it does not apply in situations in which an individual is legally required to provide their information, such as during a traffic stops.
I think it is a dick move to only quote the parts of what people say that you disagree with and not acknowledge the rest of what they said. As a Canadian, I am not afraid to exercise my RIGHT (and the law) to not to talk to police! I never said be a dick. I never said be rude. I specifically DID say be polite.
jsherk wrote:
And remember to always be polite and NEVER lie to police.
I think it is a dick move to only quote the parts of what people say that you disagree with and not acknowledge the rest of what they said.
As a Canadian, I am not afraid to exercise my RIGHT (and the law) to not to talk to police!
I never said be a dick. I never said be rude. I specifically DID say be polite.
People can make their own mind up. Follow jsherk's advice and get every ticket possible or be respectful and pleasant. No-one is saying to blurt out 'you're right officer, I was speeding and don't have any insurance', but to pull the old 'I'm only speaking to you because I have to, am I being detained, etc etc' is not the advice I give my friends.
People can make their own mind up. Follow jsherk's advice and get every ticket possible or be respectful and pleasant. No-one is saying to blurt out 'you're right officer, I was speeding and don't have any insurance', but to pull the old 'I'm only speaking to you because I have to, am I being detained, etc etc' is not the advice I give my friends.
Former Ontario Police Officer. Advice will become less relevant as the time goes by !
The regulation is not HTA related... Topic MOVED Regulation mostly deals with people on foot. However, people still need to be cognizant of all laws. There are so many areas even within one Act, such as the HTA that people don't know, once an officer knows a section, then can enforce it. A couple come to mind that rarely people know. If a road has a crosswalk, people must use the crosswalk...which means no crossing anywhere else. Another is bicycle must have reflective tape on its forks at night. Just bringing it up, that was just a couple examples.....think of all the other laws, regulations and bylaws out there. Think Argyll is correct, just be respectful from the start, look up things after
The regulation is not HTA related... Topic MOVED
Regulation mostly deals with people on foot.
However, people still need to be cognizant of all laws. There are so many areas even within one Act, such as the HTA that people don't know, once an officer knows a section, then can enforce it. A couple come to mind that rarely people know. If a road has a crosswalk, people must use the crosswalk...which means no crossing anywhere else. Another is bicycle must have reflective tape on its forks at night.
Just bringing it up, that was just a couple examples.....think of all the other laws, regulations and bylaws out there.
Think Argyll is correct, just be respectful from the start, look up things after
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
Just adding onto this, the new crosswalk law, where you need to wait until the person completely exits the intersection. There is one right near the entrance of my work, and 9/10 times, someone is usually crossing. So I stop, wait for them to completely finish crossing, then proceed. I'd say out of all the times I do that, 50% of the time, people honk at me, and then speed right past because they don't know the new law. I feel like every renewal (5 years), drivers should redo a written test (similar to the G1) just to be re-familiarized with the rules of the road.
hwybear wrote:
The regulation is not HTA related... Topic MOVED
Regulation mostly deals with people on foot.
However, people still need to be cognizant of all laws. There are so many areas even within one Act, such as the HTA that people don't know, once an officer knows a section, then can enforce it. A couple come to mind that rarely people know. If a road has a crosswalk, people must use the crosswalk...which means no crossing anywhere else. Another is bicycle must have reflective tape on its forks at night.
Just bringing it up, that was just a couple examples.....think of all the other laws, regulations and bylaws out there.
Think Argyll is correct, just be respectful from the start, look up things after
Just adding onto this, the new crosswalk law, where you need to wait until the person completely exits the intersection. There is one right near the entrance of my work, and 9/10 times, someone is usually crossing. So I stop, wait for them to completely finish crossing, then proceed. I'd say out of all the times I do that, 50% of the time, people honk at me, and then speed right past because they don't know the new law. I feel like every renewal (5 years), drivers should redo a written test (similar to the G1) just to be re-familiarized with the rules of the road.
That is not such a bad idea....even online where yes, someone else could take it for you, but at least you'd had the opportunity to learn the changes. The other that people get wrong all the time is in an intersection with one through road and the other with stop signs in both directions. One person is at a stop sign and wants to turn left and the other is at the opposite stop sign and wants to go straight through.
That is not such a bad idea....even online where yes, someone else could take it for you, but at least you'd had the opportunity to learn the changes.
The other that people get wrong all the time is in an intersection with one through road and the other with stop signs in both directions. One person is at a stop sign and wants to turn left and the other is at the opposite stop sign and wants to go straight through.
Former Ontario Police Officer. Advice will become less relevant as the time goes by !
It's not odd, many people don't know their rights. They feel like they have to provide the officer everything they ask for. I think this law is necessary for the individuals who don't know their rights.
It's not odd, many people don't know their rights. They feel like they have to provide the officer everything they ask for. I think this law is necessary for the individuals who don't know their rights.
I like that idea about people having to retake the written test... I agree, HTA changes over the years and hardly anyone keeps up with the changes. Also, in order to get a G license you need to know the minimum, it might just get people to read more of it. Not trying to open the can of warm again, but some times there is no good answer without incriminating yourself, when you are pulled over and asked "do you know how fast you were going?" How can you answer that without incriminating yourself?
I like that idea about people having to retake the written test... I agree, HTA changes over the years and hardly anyone keeps up with the changes.
Also, in order to get a G license you need to know the minimum, it might just get people to read more of it.
Not trying to open the can of warm again, but some times there is no good answer without incriminating yourself, when you are pulled over and asked "do you know how fast you were going?"
How can you answer that without incriminating yourself?
The new crosswalk law to what I read does not apply to what you describe. It applies to a 1) crossover - where overhead signs indicate pedestrian crossing Ont Reg 402/15 2) intersection which has school crossing guards HTA 176(3)
UnluckyDuck wrote:
Just adding onto this, the new crosswalk law, where you need to wait until the person completely exits the intersection. There is one right near the entrance of my work, and 9/10 times, someone is usually crossing. So I stop, wait for them to completely finish crossing, then proceed. I'd say out of all the times I do that, 50% of the time, people honk at me, and then speed right past because they don't know the new law. I feel like every renewal (5 years), drivers should redo a written test (similar to the G1) just to be re-familiarized with the rules of the road.
The new crosswalk law to what I read does not apply to what you describe. It applies to a
1) crossover - where overhead signs indicate pedestrian crossing Ont Reg 402/15
2) intersection which has school crossing guards HTA 176(3)
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
I agree, the new law is quite limited in regards to where it applies. I think part of the blame falls on media who made it sound like it applies to all crosswalks when it was first introduced.
hwybear wrote:
The new crosswalk law to what I read does not apply to what you describe. It applies to a
1) crossover - where overhead signs indicate pedestrian crossing Ont Reg 402/15
2) intersection which has school crossing guards HTA 176(3)
I agree, the new law is quite limited in regards to where it applies. I think part of the blame falls on media who made it sound like it applies to all crosswalks when it was first introduced.
The new crosswalk law to what I read does not apply to what you describe. It applies to a 1) crossover - where overhead signs indicate pedestrian crossing Ont Reg 402/15 2) intersection which has school crossing guards HTA 176(3) correct me if I'm wrong, but isn't it the crosswalks where it's a long yellow rectangle above with x's on it? There's one on Esna Park just north of Steeles in Markham (the one I'm referring to, anyone can google maps it if they like). It applies to those ones correct? I know they don't apply at intersections (traffic lights)
hwybear wrote:
UnluckyDuck wrote:
Just adding onto this, the new crosswalk law, where you need to wait until the person completely exits the intersection. There is one right near the entrance of my work, and 9/10 times, someone is usually crossing. So I stop, wait for them to completely finish crossing, then proceed. I'd say out of all the times I do that, 50% of the time, people honk at me, and then speed right past because they don't know the new law. I feel like every renewal (5 years), drivers should redo a written test (similar to the G1) just to be re-familiarized with the rules of the road.
The new crosswalk law to what I read does not apply to what you describe. It applies to a
1) crossover - where overhead signs indicate pedestrian crossing Ont Reg 402/15
2) intersection which has school crossing guards HTA 176(3)
correct me if I'm wrong, but isn't it the crosswalks where it's a long yellow rectangle above with x's on it? There's one on Esna Park just north of Steeles in Markham (the one I'm referring to, anyone can google maps it if they like). It applies to those ones correct? I know they don't apply at intersections (traffic lights)
The new crosswalk law to what I read does not apply to what you describe. It applies to a 1) crossover - where overhead signs indicate pedestrian crossing Ont Reg 402/15 2) intersection which has school crossing guards HTA 176(3) correct me if I'm wrong, but isn't it the crosswalks where it's a long yellow rectangle above with x's on it? There's one on Esna Park just north of Steeles in Markham (the one I'm referring to, anyone can google maps it if they like). It applies to those ones correct? I know they don't apply at intersections (traffic lights) UnluckyDuck... If I google mapped the correct spot, that is NOT a "crosswalk".... that is a "crossover" therefore the vehicles can not proceed until pedestrians are completely off the road
UnluckyDuck wrote:
hwybear wrote:
UnluckyDuck wrote:
Just adding onto this, the new crosswalk law, where you need to wait until the person completely exits the intersection. There is one right near the entrance of my work, and 9/10 times, someone is usually crossing. So I stop, wait for them to completely finish crossing, then proceed. I'd say out of all the times I do that, 50% of the time, people honk at me, and then speed right past because they don't know the new law. I feel like every renewal (5 years), drivers should redo a written test (similar to the G1) just to be re-familiarized with the rules of the road.
The new crosswalk law to what I read does not apply to what you describe. It applies to a
1) crossover - where overhead signs indicate pedestrian crossing Ont Reg 402/15
2) intersection which has school crossing guards HTA 176(3)
correct me if I'm wrong, but isn't it the crosswalks where it's a long yellow rectangle above with x's on it? There's one on Esna Park just north of Steeles in Markham (the one I'm referring to, anyone can google maps it if they like). It applies to those ones correct? I know they don't apply at intersections (traffic lights)
UnluckyDuck... If I google mapped the correct spot, that is NOT a "crosswalk".... that is a "crossover" therefore the vehicles can not proceed until pedestrians are completely off the road
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
Hi, I am new to the forum. I have been trying to get information off of here and www.ticketcombat.com for my case.
I was given a ticket for going 122km/h in a posted 100km/h zone at Hwy 401 east at Thickson Rd in Whitby ON on April 10th, 2009.
I find this absolutely absurd, since I was in the left most lane of the 401 approximately(within 5km/h) following the speed of traffic in my lane. The guy in…
Hey this is my first ticket so as much information that people can provide will be appreciated. I was making the drive home going around 90kph(in a 80) behind what I knew was an undercover police car. The cop abruptly pulled to the side and pulled back in behind me to pull me over. Now I reduced my speed to below 80 when the cop pulled to the side but he claimed he had me clocked at 109kph and…
On Wednesday I attended court at 1530 Markham Road, courtroom E2, in order to fight my speeding ticket. My original plan was to plead not guilty, and to watch all the people who went before me, the process, the Prosecutor and the Justice Of The Peace so I could strategize and form the best plan for my defence at trial. I had done some research online and sort of knew I wanted to defend myself,…
About 5 months ago I was driving along a two-way road approaching an intersection. The road had a left/ straight turning lane and a right turning lane. There was an 18 wheel gravel truck occupying the left lane at a red light. I pulled behind the truck intending to drive straight. After not moving for about 1 second, I check my rear view mirror, signaled and changed lanes to the right…
I am currently working for an auto parts delivery company and they contracted me to work as a courier.
As I left my base to make my first delivery which was less than 300 meters away from the shop, I had my seat belt off because i was under the impression, according to Section 106 Exception #6 subsection (c) of the highway traffic act, that I would be exempted from the seat belt law. The rule…
Got a ticket yesterday for "Insecure Load" contrary to HTA Sec 111(2). $160. I was pulling a utility trailer in which I had loaded a steel and wood cabinet. Total length of cabinet is 57.5". 14.75" (1/4 of the cabinet) was sticking out over the side of the trailer at about a 45 degree angle, the rest (3/4) was inside the trailer. The trailer has sides 24" high. I didn't have a tie-down or bungee…
I've been researching for months for defence strategy and basic trial information regarding my speeding ticket. However, the information is so conflicting that I have no confidence whatsoever that I know what I'm doing.
I didn't get this info from a friend of a friend, it came from this website, court officials, case laws, and a consultation with a traffic ticket fighting company.
So I was driving east bound pulling an empty tandem trailer on a gravel highway. Eventually I caught up to a truck pulling a fifth wheel. The speed limit was 70km/h and I don't quite remember but I'm almost 100% that the guy in front of me was driving at 60km/h. After being behind him for a few kilometers and getting two cracks in my windshield from rocks off his tires, I decided to pass him. I…
I have been driving for over 10 years without any tickets and accidents what so ever. Unfortunately my luck ran out this past Friday; when the officer pulled me over doing 80 in a 50 zone in Mississauga, Ontario. Officer was very friendly and polite not to mention nice enough to reduce the charge to 15KM.
On the speeding ticket it now says doing 65km in a 50 zone. Never having a speeding…
hi everyone im just wondering if its right for a cop to have my car impounded and give me a traffic ticket for improper plates when my car didnt leave my property, yes i knew the plates werent to my car but on private property it dont matter aslong as it dosent go onto public property. am i right with this that i shouldnt have gotten the ticket or my car impounded?????????????
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…
Hi guys, I got pulled over last night and was ticketed with HTA 172, I was going 157 on a 100 on 400N and was wondering what I should do. I was using cruise control but the guy in the lane to my left was driving into my lane irresponsibly to I sped up to get ahead of him and just my luck that's when an OPP cruiser pulled up behind me flashing his lights. My court date is at the end of the month…
If anyone can answer this I would greatly appreciate it.
Friday morning I checked my mail and received a letter from the MTO stating that under section 47(1) of the HTA the Registrar of Motor Vehicles has decided to suspend my driving privilege for medical reasons. This was due to a report submitted by a physician in compliance with section 203 of the HTA. Enclosed with that letter were forms to…
Ok so looking for some advice in regards to my wife's speeding ticket 120k in 100 (I was in vehicle so witnessed most - but was resting at initial clock.)
whats the likelihood of positive outcome of an 11b (or an officer no show, which I suspect doesn't really happen as much as web/Ads would have you believe) of 8months.
Wife REALLY doesn't want to go, and of course I'm the one doing all of the…
I know I shouldn't have driving but I slept at my buddies' place and I thought I was ok to drive in the morning.. needless to say I still drove and got pulled over.
Background details:
I was pulled over in the morning last week, apparently going 120 km/hr on 90km Northbound DVP. Two cop cars tailed me for a bit, saw them in my rearview mirror while on the left lane, slowed down to…
I got two tickets on Feb 20 2011. One for red light, and the other for Stop sign. I knew I had a good chance at getting off on the red light, because the officer couldn't actually see the light facing me. He was at an opposite angle, further up the street.
I set a court date for both tickets. On April 22 I moved to a new place. I went to the Service Ontario location and renewed my licence…
Winnipeg's police officers have been told to issue more traffic tickets, in part to increase revenue.
And a union representing cops says the move could hurt their efforts to curb the city's gang violence.
Police Chief Keith McCaskill said last night he -- and he alone, without input from Mayor Sam Katz -- recently made the call to patrolling officers and to those in specialized units to step up…
I'm wondering if anyone could enlighten me on what to do about the following scenario:
I was pulled over by a YRP constable because I only had one front head light working. Upon being pulled over, I also realized my insurance card was expired by one month and my car permit was not on me at all. (It doesn't matter now but my valid insurance card was sitting at home in an envelope…
I have a wicked prosecutor in my area, he is an evil man and will lie and cheat, whatever is necessary for him to win. I got a yellow light infraction ticket and the cop was a no show. I requested the charge dismissed and it went like this:
Me: I request the charge be dismissed because the officer is not here
Prosecutor: No, we are going to adjourn the trial so the officer can attend
Accident happened at a regular intersection with turning lanes and lights. I was turning left. The light turned yellow, and the car approaching sped up to make the light. I thought he was stopping, so i made the turn. At the time of the collision the light was red.
I understand that it is my fault. I'm just wondering what my best course of action is.
alright well to get started ive developed a passion for longboarding
for those of you who dont already know a longboard is a big skateboard too heavy for tricks and stuff but boy can they ever go fast
my hobbies include going up the escarpment here in hamilton and stoney creek and riding down the roads leading to the lower part of the city. just wondering here. what would happen if i was going down…
My court date is nearing at old city hall at appeals court.
iwhats going to happen and what do i do?
do I present my certificate of offence and point out to the judge the fine was incorrect, I did not appear and am now appealing on the grounds the Justice of the peace erred and failed to quash the ticket on the basis of the certificate not being properly examined and is not complete and regular on…
.