Why and when you can be pulled over by the police:

Last week’s blog on the Move Over law started a great dialogue on when police can or should pull you over. No one likes being stopped by the police but it is a necessary part of their job, and it is our job to comply. But when can a police officer pull you over? Where does their authority lie in the circumstances to pull a vehicle over? In Ontario, this is covered in the HTA.

(1) A police officer, in the lawful execution of his or her duties and responsibilities, may require the driver of a motor vehicle to stop and the driver of a motor vehicle, when signalled or requested to stop by a police officer who is readily identifiable as such, shall immediately come to a safe stop.

In simplest terms: an officer can pull you over at any time for the purpose of enforcing driving laws and promoting safe driving.

There are basically 3 reasons a police officer can pull you over covered under this section of the HTA:

1. To check the condition of the driver. This means any inability to drive safely, including sleepiness, drugs, alcohol or state of mind.
2. To check the condition of the car. If a police office can visually spot a defect, aka an equipment violation, she can pull you over.
3. To check licensing, registration and insurance.

(It should go without saying that if you break any traffic laws you can also be pulled over.)

Police can pull you over if they suspect one of these reasons, even if it is not apparent at the time. A police officer DOES NOT have to be able to visually see any signs of intoxication, equipment violation, careless driving or anything else to pull you over. This means that if you are driving along, following the speed limit, with your car in perfect condition and your blood alcohol level at 0, an officer can pull you over. This is a random spot check, and a police officer is lawfully following her or his duties when pulling you over.

Now, one thing to note is this: The courts have ruled consistently that arbitrary stops constitute a violation of the Canadian Charter of Rights and Freedoms. However, this violation has continually been allowed because of highway safety reasons. The need to promote and enforce highway safety, as well as deter impaired driving, justifies that breach.

Additionally, an officer can pull you over for one thing, and charge you with another. For example, if you are pulled over during a R.I.D.E. program, you can be charged with an equipment violation for a broken tail light.

There are other times other than traffic safety or investigation when an officer can pull you over. These include things like criminal investigation or intelligence gathering. However, those reasons are not covered nor enforced by the HTA, so we will not delve into that in this blog.

To recap:

Can an officer pull you over for no visible reason at all? Yes.
Can an officer sit at the side of the highway with lights flashing and pull you over for not slowing down or moving over? Yes.
Can an officer pull you over for one thing, but charge you with another? Yes.
Can an officer pull you over under the HTA, but charge you with something under the Criminal Code? Yes.

Remember, under the HTA, an officer can pull you over at any time for the purpose of enforcing driving laws, deterring impaired driving and promoting safe driving.

Every situation is different. Remember you have a right to fight your ticket. At Bulwark Legal Services we provide free consultations. You can go to our website and send us a copy of your ticket. We will help you decide the right course of action to take.