Drive Suspend Charge in Ontario. Lesson 1 – Can The Police Pull You Over?
- When clients get charged with Driving While Under Suspension in Ontario, they will often ask me whether the Police had the right to pull them over.
- Asking this question makes sense because when the Police pulled you over, that action triggered a series of events that led you to be charged with Driving While Under Suspension.
- And the logic goes that if the Police did not have the legal right to pull you over, they would never have had the opportunity to charge you with driving while under suspension.
- And if the Police wrongly pulled you over, you would save yourself from the harsh penalties, including a mandatory 6-month driving suspension. And in some cases, you may be able to avoid jail time.
- So, in this article, I will cover the reasons why the Police can pull you over.
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1/ Under the Highway Traffic Act of Ontario, the Police Can Pull You Over For These 4 Reasons- First. The Police want to verify that your vehicle is properly insured.
- Second. The Police want to confirm that your vehicle is safe for driving.
- Third. If the Police believe you are driving under the influence of alcohol or drugs.
- And fourth. The Police want to confirm you are properly licensed.
2/ The Police Must Justify Why They Pulled You Over- Once your case goes to court, the Police need to legally justify why they pulled you over.
- The Police will use one of the 4 reasons 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a Judge or Justice of the Peace does not believe in the logic used, the driving while under suspension charge will get withdrawn.
3/ 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 the vast majority of Drive While Under Suspension cases, the Police do have the legal right to pull you over.
- That means you will need to deal with your driving while under suspension charge.
- And face the mandatory 6-month driving suspension and the other penalties, including fines and, in some cases, even jail time.
- Once your case goes to court, the Police need to legally justify why they pulled you over.
- The Police will use one of the 4 reasons 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 driving while under suspension charge will get withdrawn.
3/ 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 the vast majority of Drive While Under Suspension cases, the Police do have the legal right to pull you over.
- That means you will need to deal with your driving while under suspension charge.
- And face the mandatory 6-month driving suspension and the other penalties, including fines and, in some cases, even jail time.
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- Now, does that mean you can’t beat your driving under suspension charge — and save yourself from the mandatory 6-month driving suspension? Or potentially save yourself from jail time? The answer is no.
- Beating a driving while under suspension charge may be possible. Every fact situation is different.
- And I suggest you reach out to me to have a confidential and free discussion about your case.
