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Difference between revisions of "Motor Vehicle Law at the Roadside (13:III)"
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Motor Vehicle Law at the Roadside (13:III) (view source)
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Most motor vehicle law issues begin at the roadside, in an interaction with a police officer or other Peace Officer. This section discusses common issues encountered at the roadside, and provides an outline of your rights when you are stopped by a peace officer. | Most motor vehicle law issues begin at the roadside, in an interaction with a police officer or other Peace Officer. This section discusses common issues encountered at the roadside, and provides an outline of your rights when you are stopped by a peace officer. | ||
=A. Powers of Peace Officers= | ==A. Powers of Peace Officers== | ||
Police officers have the power to stop drivers to check for the fitness of the motor vehicle, possession of a valid driver’s license, proper insurance, and sobriety of the driver. Police officers do not need a warrant, or even reasonable and probable grounds to perform such stops. '''The fact that you are driving on a public highway is enough to justify a vehicle stop.''' | Police officers have the power to stop drivers to check for the fitness of the motor vehicle, possession of a valid driver’s license, proper insurance, and sobriety of the driver. Police officers do not need a warrant, or even reasonable and probable grounds to perform such stops. '''The fact that you are driving on a public highway is enough to justify a vehicle stop.''' | ||
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and may detain the person until he or she can be brought before a justice. | and may detain the person until he or she can be brought before a justice. | ||
=B. Your Obligations= | ==B. Your Obligations== | ||
When stopped by a peace officer while driving, you must, upon request, provide your driver’s license, vehicle registration, and proof of insurance. If these items are located in the glove compartment or other out-of-sight location, it may be advisable to ask the officer for permission to retrieve them before reaching for them, so that the officer does not think that you are reaching for a weapon. | When stopped by a peace officer while driving, you must, upon request, provide your driver’s license, vehicle registration, and proof of insurance. If these items are located in the glove compartment or other out-of-sight location, it may be advisable to ask the officer for permission to retrieve them before reaching for them, so that the officer does not think that you are reaching for a weapon. | ||
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You have specific obligations at the scene of a collision. They are outlined in the next section of this chapter. | You have specific obligations at the scene of a collision. They are outlined in the next section of this chapter. | ||
=C. The Right to Silence= | ==C. The Right to Silence== | ||
The right, under sections 7 and 11(c) of the ''Charter of Rights and Freedoms'', to remain silent and not be required to make self-incriminating statements, generally applies in the motor vehicle context. | The right, under sections 7 and 11(c) of the ''Charter of Rights and Freedoms'', to remain silent and not be required to make self-incriminating statements, generally applies in the motor vehicle context. | ||
