How To Beat a DUI Charge in Ontario. Lesson 1 – Can The Police Pull You Over?
- One of the most common questions I get from clients charged with a DUI is, why did the Police pull you over?
- In other words, did the Police have the legal right to pull you over?
- Many clients have this question because when the Police pulled you over, that action triggered a series of events that led you to be charged with a DUI or Impaired Driving.
- So, asking this question makes sense.
- Because if the Police did not have the legal right to pull you over, they would never have had the opportunity to charge you with a DUI or Impaired Driving. And you would not be facing a criminal charge.
- So, in this article, I will cover the reasons why the Police can pull you over.
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1/ There Are 4 Reasons Why the Police Can Pull You Over- First. If the Police believe you have committed a crime under the Criminal Code of Canada.
- Second. If the Police believe that your vehicle is not safe.
- Third. If the Police believe you are driving impaired by alcohol or drugs.
- And fourth. If the Police believe you have broken a traffic law under the Highway Traffic Act of Ontario.
2/ Under the Highway Traffic Act of Ontario, the Police Can Pull You Over For These Reasons- First. The Police want to confirm you are properly licensed.
- Second. The Police want to verify that your vehicle is properly insured.
- Third. The Police want to confirm that your vehicle is safe for driving.
- And fourth. If the Police believe you are driving under the influence of alcohol or drugs.
3/ The Police Must Justify Why They Pulled You Over- Once your case goes to court, the Police will be called upon to justify why they pulled you over legally.
- The Police will use the logic I’ve just covered.
- And they will submit their reasoning under oath. This means the Police are making a promise before the court that they are telling the truth about why they pulled you over.
- If a Judge or Justice of the Peace does not believe in the logic used, the DUI charge will get withdrawn.
4/ Most of the Time, the Police Will Have the Right to Pull You Over- As you can see from the logic that I’ve gone through, in most DUI cases, the Police do have the legal right to pull you over.
- And that means you will need to deal with your DUI charge case.
- First. The Police want to confirm you are properly licensed.
- Second. The Police want to verify that your vehicle is properly insured.
- Third. The Police want to confirm that your vehicle is safe for driving.
- And fourth. If the Police believe you are driving under the influence of alcohol or drugs.
3/ The Police Must Justify Why They Pulled You Over- Once your case goes to court, the Police will be called upon to justify why they pulled you over legally.
- The Police will use the logic I’ve just covered.
- And they will submit their reasoning under oath. This means the Police are making a promise before the court that they are telling the truth about why they pulled you over.
- If a Judge or Justice of the Peace does not believe in the logic used, the DUI charge will get withdrawn.
4/ Most of the Time, the Police Will Have the Right to Pull You Over- As you can see from the logic that I’ve gone through, in most DUI cases, the Police do have the legal right to pull you over.
- And that means you will need to deal with your DUI charge case.
- As you can see from the logic that I’ve gone through, in most DUI cases, the Police do have the legal right to pull you over.
- And that means you will need to deal with your DUI charge case.
Can the police pull you over if you're suspected of DUI in Ontario?
Yes, the police in Ontario have the authority to pull over a driver if they suspect that the driver is under the influence of drugs or alcohol. This could be due to erratic driving, failure to obey traffic laws, or other signs of impaired driving.
What should you do if you're pulled over for DUI in Ontario?
If you're pulled over for suspected DUI in Ontario, it's important to remain calm and polite, but also assert your rights. You should refuse to answer any questions that could incriminate you, and politely decline any requests for field sobriety tests or breathalyzer tests until you have consulted with a DUI lawyer. A good DUI lawyer can advise you on the best course of action and help protect your rights.
