When police can stop you

The police can stop you under three general circumstances. First, the police can stop you if they suspect that you have committed an offence. Second, the police can stop you if they actually see you committing an offence. And third, the police can stop you at any time while you are driving to determine whether you have consumed alcohol or drugs, whether you are insured, and whether the car is mechanically fit to be driven. If you have been charged with a crime, it is important to hire an experienced criminal defence lawyer as soon as possible.

What you should do

Although under the law you have the right to remain silent when questioned by police, it is best to cooperate with the police, and identify yourself. In some circumstances, you could be charged with the offence of obstructing the police if you fail to tell them your name. You could also be charged with an offence if you give the police a false name.

Being detained by the police

If the police continue to ask you questions and they do not allow you to leave, then in law it means that they are detaining you. When you are detained, you have the right to know why they are detaining or arresting you, and you have the right to talk to a lawyer.

Right to remain silent

Regardless of whether you have or have not been arrested, anything you tell the police can be used as evidence against you. This also applies to any physical tests that you are asked to perform or any samples that you are asked to voluntarily provide. Even though you may think that what you are telling the police could not hurt you in court, what you say or write could later become evidence against you. To be safe, you should consider talking to a lawyer before making any statements to any police officer.

For more information on your rights and obligations when stopped by the police when driving, view Police powers to stop vehicles and question drivers.

Get Help

To erase your criminal record, call toll-free 1-888-808-3628 or learn more at Pardon Partners. It’s easier than you think.

If you have been charged with a crime, it is important to hire an experienced criminal defence lawyer as soon as possible. Contact our preferred criminal defence expert, Calvin Barry Criminal Lawyers for a free consultation at 416-938-5858 .

								
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