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         M. D. O'Brien Hercules

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    ​​   Tel.1-888-327-6492

      

                        Paralegal Member of 'The Law Society of Ontario' 

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When stopped by police

1.Pull over as soon as you realize you're being stopped. Don't gesture or throw up your hands, just calmly pull over.

2.Make sure the officer can easily see inside your vehicle; rolling down all the windows (if powered) is a good idea. If it's nighttime turn on the interior light.

3. Turn off the car and put the keys on the dash; thus removing the fear that you might speed off as soon as the officer gets to your window.

4. Make sure your hands are clearly visible, keep them on top of the steering wheel, and don't be fidgety, shifting, looking around the car, or act suspiciously.

5.Be respectful, no sarcasm, no challenging tone of voice, nothing but utmost respect with lots of  “yes sir/ma'am” and “no sirs.”  Warn your passengers to remain still and quiet.

6. Ask if it's okay to reach to get your license.

7. Wear your seat belt. Many times an officer won't write you a ticket for speeding but still write one for failure  to wear a seat belt.

8. Before opening the glove compartment, ask for permission, and do it slowly.

9.Be polite and civil, and say very little.

10. The officer may issue you a ticket. If you feel the reason is vague or unclear, politely ask the officer for details. Avoid getting in an argument. If you wish to contest the ticket, you will have an opportunity to do so in court.

If you receive a ticket, accept it calmly. Accepting the ticket is not an admission of guilt.
 
If stopped at a Spot Check (RIDE), lower your window and answer the officer’s questions.

If you do not agree with the officer's conduct or actions during the stop, keep track of all pertinent information, including the officer's badge number. You have the right to file a complaint at any police station, to the Professional Standards – Investigative Unit, or the Ontario Civilian Commission on Police Services. Officers are unable to handle your complaint on the scene.

Save the complaint for the appropriate authority, don't get a ticket because you escalated the situation.

Most people get nervous when stopped by the Police. The secret is to stay calm, speak to the officer in a respectable tone, and politely ask whether the officer can let you go with a warning. That does not always happen but if you've done everything above, your chances are better.

The first question the officer might ask is whether you know why you've been stopped.  Let's take speeding; in this case have a choice of 3 answers:

1) Admit that you were speeding. The good side is that you are being honest and the officer appreciates it. You might get off with a warning if it's a really good day.

The bad side is that if you get a ticket and you had admitted that you were really speeding then it could be used against you in court. Officers usually take notes on what you say; so if you feel that you will get a speeding ticket then you really shouldn't admit that you were speeding.

2) Deny that you were speeding. This approach can create tension between you and the police officer. If you don't have a reasonable argument to convince the officer that you were not speeding, you will get  a ticket.

The good side for this approach is that you will have a better chance of beating your speeding ticket in court, since you didn't admit that you were speeding.

3) Don't admit that you were speeding but neither deny it. This approach may actually be the best one. When the officer says that you were stopped for speeding you can say: "Oh, I see... " and then you can, in a respectful voice, give an excuse to the officer that you didn't notice your speedometer, thinking of your sick baby, was too tired after work or any other excuse that doesn't sound like a downright lie.

The safest way of course is to avoid speeding.