What are My Rights if the Police Stop Me While I’m Driving in Ontario?
Pulled Over or Stopped By Cops in Ontario:
While you’re driving in Ontario, Canada, the police can stop you, or pull you over, in two situations:
- If they are investigating a traffic law; or
- If they have reasons to believe you have committed a criminal offence.
Traffic Laws the Police Can Stop You For:
The police can stop you, or pull you over, if they think you violated the Highway Traffic Act in Ontario. Common violations they might stop you for include:
- speeding
- careless driving
- distracted driving
- unsafe driving
- to make sure you have a driver’s license (driving without a license/ driving while your license is suspended)
- to make sure there is insurance on the vehicle (driving without insurance)
- to make sure the vehicle is road worthy (driving when your vehicle isn’t road worthy – for example, the tail lights are working)
- to give you a roadside breath test to make sure you’re not under the influence of alcohol (driving under the influence / impaired driving)
The Police in ON Can Demand Documents During a Traffic Stop:
The police can demand that you, the driver, show them your driver’s license, the vehicle registration, and proof the vehicle is insured. You should keep the registration and insurance in the vehicle for this reason.
What Happens to Your Passengers During a Traffic Stop:
The police cannot demand that the passengers in your vehicle identify themselves, unless the police have reasonable grounds to believe your passengers were involved in a criminal offence.
The Police Can Demand a Roadside Breath Test:
The police can demand that you take a roadside breath test. They can pull you over for this, even if they don’t have any reason to suspect you’ve been dinking alcohol.
Depending on the results of the breath test, the police may suspend your driver’s license and take away your vehicle.
If the police believe you’ve been drinking alcohol within three hours of driving they can demand that you perform a sobriety test, including trying to walk a straight line (you will have seen this sobriety test on TV and in movies).
In Ontario, Canada, you do not have the right to refuse a roadside breath test.
The Police Can Demand a Breathalyzer Test at the Police Station:
The police can also demand that you go to the police station and perform a breathalyzer test, a more sensitive and reliable test which reads your blood alcohol level.
In Ontario, Canada, you do not have the right to refuse a breathalayzer test at the police station.
You Have the Right to Remain Silent:
If the police have stopped you while driving, you do not have to answer any questions the police ask you, unless you have been in a motor vehicle accident. You are required to give the police the information they need to complete an accident report.
The Police Can Look in Your Windows:
The police are allowed to look in the windows of your vehicle and at night they can use a flashlight to help them see.
The Police Cannot Demand to Search Your Vehicle if They’ve Stopped You (or at any time):
You have a right to refuse to let the police search your vehicle. You are not require to agree. You can insist on speaking to a lawyer before you decide whether or not to let the police search your vehicle.
However, if the police have reasonable grounds to believe there is evidence of a crime in the vehicle and that the evidence could be removed or destroyed if they waited for a search warrant, they can demand to search your vehicle.
