TRAFFIC LAW 101
October 5, 2001
Krystyna Lagowski
National Post

What is it about a flashing red light in the rear-view mirror that can strike fear into the heart of the most law-abiding driver?  Do not assume guilt-above all, stay in your car and wait for the police officer to approach.  "Make sure that, upon request, you are ready to surrender your driver's licence, ownership and insurance," says Darrin Little, a Toronto police constable with the traffic services department.  "And if you don't have them, be prepared to explain why."  Do not start digging around for them before you're asked, advises Brian J. Lawrie, chief executive of Pointts Advisory Ltd.  "Don't volunteer any information when the officer asks if you know why you were stopped," he says.  "A simple 'no' is good enough.  If you have a reasonable explanation, now is the time to offer it.  But, remember, the officer has heard it all; the least said the better."  Const. Little says it is wise to be co-operative to expedite the interview.  "We advise not to get into a confrontation on the side of the road - that's why we have a judicial system.  The officer will explain your options when issuing the offence."  If you receive a ticket and are asked to sign the officer's book, just sign it, advises Mr. Lawrie.  Your signature is merely an acknowledgement of the receipt of your copy, not an acknowledgement of guilt.  "The officer is what's termed an 'independent agent of the Crown,'" Mr. Lawrie says.  "That means he has the discretion to either lay a formal charge by issuing a ticket, or just give a warning."  Const. Little adds: "Make sure the person who has pulled you over is actually a police officer.  There are numerous security [officers] who sometimes look like police officers in their cars.  Don't hesitate to ask for identification, especially if it's a plainclothes officer."  Finally, when the officer leaves, write notes of what just transpired.  "Write down things like location, weather conditions, traffic volume, any obstructions to your view or the officer's view and details of your conversation with the officer," says Mr. Lawrie.  If you decide to fight the offence, these can be valuable in court.