What are your rights if you are stopped by police?

Céline Dostaler

By LegalMatters Staff • There are few things more stressful than looking into the rearview mirror and seeing a police car’s flashing lights. If you find yourself in this situation you must stop your vehicle and speak to officers. But you also have rights when you are pulled over that they must respect.

“No matter the circumstances, stay calm and polite. Do not be confrontational with the officer,” says Ottawa criminal lawyer Céline Dostaler. “Keep your hands visible at all times. Do not reach for something in your pocket as the officer may think you are drawing a weapon.”

You are required to give your name, address and date of birth at the roadside, and provide identification such as a driver’s licence, vehicle registration and proof of insurance, she says.

“If the officer asks general questions about where you are going or if you have consumed alcohol or drugs in the past three hours, you can say you do not want to answer any questions until you speak to a lawyer,” says Dostaler. “They may continue the questioning but you can politely say you choose not to respond to their questions.”

You can ask why you were stopped, she says, as police must have a reasonable suspicion to pull drivers off the road.

“If an officer suspects you are under the influence of alcohol or drugs, they have the right to demand a roadside test,” says Dostaler. “They can also order you to blow into a roadside alcohol tester or another device that can detect the presence of cannabis or cocaine.”