OHTA.ca

So on my way to work this morning just before 9am, I was northbound on Markham Rd. and at approxiamately the 401 underpass, traffic was snarled. It was stop and go (more stop than go..) and I figured there must be an accident or something further north towards Sheppard Ave. As I neared Milner Rd, I see that there is a Toronto Police cruiser with it's emergency lights activated in the leftmost lane of Markham Rd, about half way between Sheppard and Milner. I observed that the officer was out of his cruiser and speaking with a man and woman who had been involved in a minor fender bender in the south bound lanes of Markham Rd. because he had the left lane of Markham Rd North blocked (for no reason, there were no injuries etc as far as I could tell) it was creating quite a probelm for motorists going the other way, in fact I was nearly rear ended myself during the delay.

As I drew alongside the cruiser (after slowing down and giving way) I said to the officer that your cruiser is causing problems where it is... He looked at me and saw that I was in the turning lane to the west bound Sheppard and quickly hopped in his car and cut through the strip mall parking lot there to catch up to me. I however was pulling in to the Petro Canada to fuel up my jeep. As I pulled in and noted that all the pumps were occupied I pulled through the lot and reentered westbound Sheppard figuring I'd hit the station after work as I was going to be just on time as it was. The officer was in the turn lane in to the gas station as I was pulling out and proceeded to do a U Turn to get in behind me. He lit me up and pulled me over a few hundred feet down the road.

Approaching my car he asked me to provide him with my Licence, Registration and proof of insurance, to which I replied, "Sure, would you mind telling me why you have pulled me over" to which he responded "I want to look at your documents and I don't appreciate being yelled at while I'm doing my job" and then asked me why I pulled in to the Petro Canada Station, to which I replied "to get gas, why? Is that illegal? He replied no and went back to his cruiser. He left me sitting there for about 13-15 minutes and came back handed my documents back and said "This is for not having a valid insurance document and there are four choices on the back" I had inadvertantly handed him my insurance slip that had a March expiry (d'oh! Lesson learned) and was charged with "Fail to Surrender Valid Insurance" Total fine $65 with all costs factored in.

Now my question and comments.... Yes, I failed "The Attitude Test" I should have bit my lip and drove past them, but I was flabbergasted that he would impact northbound traffic and not pull in behind the southbound accident so people would know there was a problem and drive around accordingly.

Was he following proper procedure to pull me over? Is pointing out a lack of common sense reason enough (legally) to pull me over for that reason? Is there some sort of SOP for Police at accidents? He wasn't protecting them as that part of Markham Rd has a void between Northbound and Southbound. Is there recourse through his Sargeant? I plan on taking it to court out of principle, but am interested in the collectives thoughts on the legality of the stop itself.

Fight the ticket and get it tossed.

I've been thinking more about it, I don't think I can fight the ticket per se, I mean, I didn't have the proper documentation, that IS my fault.

I guess I am wondering about the legality of being pulled over in the first place. Does an officer not need probable cause to initiate a traffic stop?

We can stop a car to solely to check for insurance, DL and registration. IE: Document check

No other reason is needed.

OPS

most times police try to get behind the collision, but pending situation, area, location, visibility, direction of travel how one positions the cruiser at a collision scene. If coming from opposite direction, it could be better parking where he/she did, at least there would be lights visible in both directions, as opposed to driving past, going to where ever to uturn and come back, in meantime having no lights at the scene at all. Every situation is different, every officer experience is different too, no SOP for a collision.

Shakeyhands wrote:I don't think I can fight the ticket per se, I mean, I didn't have the proper documentation, that IS my fault.

I'd suggest a first attendance meeting with the Crown. Bring proper documentation showing that you did have insurance on the date of the offence. Some have been known (but no guarantee) to simply withdraw the charge if you can show all is in order. Very jurisdiction dependent, and I wouldn't mention your opinion on the officer, etc. Just be humble and see if they'll make it go away.

Ya as Stanton mentions just show your relevant insurance slip and be NICE! Same kinda happened to me one time with the out dated insurance slip and I just showed that I do have insurance and it was dropped.