By Jordan W. Charness
"Let me see your license and registration please." These words, uttered by a police officer who has just pulled you over, have the same chilling effect as when a doctor pulls on rubber gloves and says, "This won't hurt a bit". You are likely to get hurt in both cases. The doctor example I will leave to your imagination, but today's column will be dedicated to what happens when you're stopped by the police.
Let's start at the beginning. In order for the police to pull you over, they must have probable cause to believe that you have committed an offence. This offence may be something simple like a speeding ticket or a broken city by-law or something as serious as being mistaken for someone who just robbed a bank.
In fact, I was just told the story about someone who was leaving his bank after making a deposit. He got into his car and as he was about to leave he noticed a pedestrian attempting to cross in front of him. Since he was not moving very fast he slowed to a halt and motioned for the pedestrian to go ahead. To the casual observer it looked like he had motioned to the pedestrian to enter the bank.
As luck would have it the pedestrian was no ordinary person. He entered the bank along with two of his friends and held it up at gun point! Although our driver was gone at this point someone remembered him appearing to order the bank robbers into the bank. The witness remembered his make and model of car and even a few letters of his license plate.
A few minutes later when the driver returned home, he found police cars waiting for him. The police ordered him out of his car and told him to put his hands on his head. Once they had ascertained that he had no weapons they asked him for his license and registration so as to prove his identity. After handing over his documents, he asked the police what it was all about. They told him that he was under suspicion of having aided and abetted a bank robbery.
By this time his wife, children, and neighbours had come outside to see what all the commotion was about. The driver was now inside a police car professing his innocence explaining that he had just been to the bank to make a deposit. His wife and neighbours all vouched for him and the police decided to return with him to the bank. The bank manager recognized him and admitted that he did indeed have an account at that bank and that he could not possibly have been part of the robbery. No charges were laid and many, many apologies were made.
For the most part, however, you'll be pulled over by police who have reason to believe that you either were speeding or had failed to properly stop at a stop sign or red light. You might also be pulled over because the police rightfully suspect that your driving was impaired by alcohol or drugs.
In all these cases and many more you will be required to show your driver's license, registration, and proof of insurance. If any these items have expired you may be issued a ticket for several hundreds of dollars..or worse.
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This article is of a general nature and may not be applicable in all situations and jurisdictions. If you have a legal problem or need legal advice please consult a lawyer.
Jordan W. Charness, DSC, B.A., L.L.L, is a partner in Charness, Charness and Charness, a family law firm in Montreal that has specialized in giving personalized service to its clients since 1925. Jordan is also a car nut. His current ride is a fully restored Silver Anniversary Corvette, and he is a member of the Corvette Owner's Club. His web sites are www.jordanwcharness.com and www.charness3law.com e-mail
Jordan@JordanCharness.com
