No one wants to see flashing blue lights in their rear-view mirror, and most drivers who get pulled over by police for the first time are surprised by how apprehensive they feel during the experience. “Getting pulled over by cops can be a nerve-racking experience,” says Jeff Mass , co-managing partner of the Greater Toronto Area’s Mass Tsang law firm. “However, if you’re a responsible driver , there’s really nothing to be concerned about, and you’ll likely soon be on your way.”
Jeff’s co-managing Mass Tsang partner, Robbie Tsang , says, “If you think that you’re nervous about being pulled over by the police, consider that it’s stressful for them, too. They don’t know who you are, and some traffic stops lead to dangerous encounters with violent criminals. Thus, to help ease the stress of police stops for both you and the officer, we’ve put together the following pointers on what to do if police pull you over, along with some answers to the most frequently asked questions about the topic.”
| Do This | Why It Matters |
|---|---|
| Pull over safely and promptly | Demonstrates compliance and reduces officer stress |
| Turn off engine and stay in vehicle | Standard safety protocol |
| Turn on interior light at night | Helps officer see inside the vehicle |
| Keep hands visible and movements minimal | Prevents suspicion of weapons or contraband |
| Be polite and calm | De-escalates the encounter |
| Provide licence, registration, insurance | Required under the Highway Traffic Act |
| Comply with lawful orders (exit vehicle, screening) | Refusal can lead to criminal charges |
| Police Request | Are You Required to Comply? | Legal Notes |
|---|---|---|
| Show driver’s licence | Yes | Required under HTA s.48 |
| Show insurance & registration | Yes | Failure may lead to ticket |
| Answer “Do you know why I stopped you?” | No | Right to remain silent |
| Answer drinking/drug questions | No | Silence is permitted |
| Roadside alcohol/drug screening | Yes | Refusal = criminal offence |
| Exit the vehicle | Yes | Lawful order |
| Consent to vehicle search | No | Unless lawful grounds exist |
A: According to Ontario Highway Traffic Act regulations, police can charge you with failing to produce a driver’s license if you have a valid license but don’t have it with you. In most cases, drivers can resolve the citation by showing their license to a provincial offences court office within 15 days, which often withdraws the charge or reduces the fine to a minimum amount.
If you don’t have a valid driver’s license due to suspension, expiry, never having one, or other reason, the officer will likely charge you with driving without a license, which carries fines of between $200-$1,000, six driver’s record demerit points, and possible license suspension.
A: Like getting pulled over without a license, police can charge you with failing to produce insurance if you have a valid policy but don’t have the written copy (pink slip) with you. In most cases, drivers can resolve the citation by presenting their insurance slip to a provincial offences court office within 15 days, which often withdraws the charge or reduces the fine to a minimal amount.
If you don’t have valid insurance, the officer will likely charge you with driving without insurance and immediately impound your vehicle. The penalties upon conviction for the offence include a one-year mandatory license suspension and fines of $5,000-$25,000.
A: When Ontario Police pull a driver over, they inevitably ask for the driver’s license, vehicle registration, and insurance. Police can ask additional questions, such as “Do you know why I pulled you over?” and “Have you had anything to drink tonight?” but drivers have the right to keep silent. However, police can also demand roadside alcohol/drug screening from any driver they pull over, and failure to comply is a criminal charge that carries the same penalties upon conviction as a DUI.
A: Getting pulled over can only make a mark on your driver’s record if it results in an uncontested moving violation traffic ticket. If you successfully challenge the citation in traffic court, there will be no record. Similarly, if arrested for DUI as a result of getting pulled over, a conviction will become part of your permanent record. Thus, you should always consult an experienced DUI criminal defence lawyer if you are arrested for DUI.
A: The Canadian Charter of Rights and Freedoms provides citizens with distinct rights that apply even during a police stop. They include:
A: While there are no specific federal or provincial statutes that require drivers to fully lower their windows during a police stop, drivers are legally required to cooperate with police. In many cases, an officer may ask a driver to roll their window down in the interest of their own safety and/or to better engage with the driver. A driver’s refusal to comply with such a request inevitably escalates the situation, as the officer may suspect that the driver is hiding something or poses a risk. A continued lack of cooperation from the driver can lead an officer to charge the driver with obstructing police in the lawful execution of their duties.
A: Section 48 of Ontario’s Highway Traffic Act mandates that a driver must produce their license upon demand from a police officer. The penalties for failing to produce a driver’s license include fines of between $85 to $1,000 and two demerit points on their driving record.
A: Researchers and most studies have determined that police are generally not biased in pulling cars over due to vehicle color. However, some studies have determined that red cars are slightly — about 1% — overrepresented in traffic stop numbers relative to their registered numbers in North America.
A: Section 216(2) of the provinces’ Highway Traffic Act prohibits police from pursuing a vehicle unless the officer believes the driver has committed a serious criminal offence or poses an immediate threat to public safety. However, you should not use this as an excuse to fail to pull over for those blue lights, as you can be charged with fleeing from police while operating a vehicle under Section 320.17 of the Criminal Code. This criminal offence carries a maximum two-year prison sentence and/or a fine of up to $5,000 upon conviction as a summary offence.
With over three decades of traffic ticket defence in the Greater Toronto Area and thousands of successful outcomes, the legal experts at Mass Tsang can help you challenge your moving violation to preserve your driving record and maintain insurance rates. To learn more, schedule a free consultation by contacting us today.
