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Common Legal Rights to Know During a Traffic Violation Procedure

Most people, at some point in their lives, are going to have to deal with a traffic ticket or violation, especially in large, busy urban areas like Brampton and Mississauga. Being pulled over, even arrested by the police can be an incredibly uncomfortable, stressful experience. Which is why it pays to know how to act when facing potentially serious financial penalties, even criminal charges. Below are some of the legal rights every single person in Brampton and Mississauga should know they have when confronting a traffic violation or ticket.

What you need to provide

While you are not legally obligated to say anything to an officer who pulls you over, you do have provide three mandatory pieces of identification. You must provide your driver’s license, proof of ownership, and insurance. That being said, you are dealing with someone who has the authority to make your life uncomfortable (if they so choose). It is always smart to cooperate with law enforcement, but understand that you are never obligated to answer any questions outside of those already answered by the previously mentioned documentation.

When to exit your vehicle

If you are pulled over for a traffic violation, you don’t always have to get out of your car when asked. A police officer is allowed to ask a citizen to exit the vehicle if they are concerned for their safety or if they expect impaired driving. The best thing you can do, however, is to be overly-courteous. You can always address your rights in the future, and should never give an officer issuing you a ticket a reason to violate your rights even further.

You can plead not guilty

If you get a traffic ticket in Brampton or Mississauga, it is your legal right to plead not guilty. If you plead not guilty, then the issuing officer will have to come to trial. If the police officer does not, or cannot show up, or if you or your legal representation doesn’t get the appropriate disclosure documents before the trial date, the charges against you can be dismissed. You always have the right to fight a ticket in court, regardless of the scenario, but it pays to talk to a lawyer about your best course of action.

The law is complicated, and it is often poorly advertised. Many(even most) people in Brampton and Mississauga don’t understand their rights when confronted by a police officer. Get in touch with X-Crown Legal Services and find out more about what to do to ensure you are always protected by the law, and know when and how to exercise your rights.

References

(2018). “Options for Dealing With a Speeding Ticket.” Caledon Enterprise. Retrieved from: https://www.caledonenterprise.com/shopping-story/7599581-options-for-dealing-with-a-speeding-ticket/

Tchir, J. (2015). “What must I legally do when police pull me over.” Globe and Mail. Retrieved from: https://www.theglobeandmail.com/globe-drive/culture/commuting/what-must-i-legally-do-when-police-pull-me-over/article25829415/

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