ARREST - What are my rights?
An arrest can be made by the police:
1. if they see someone apparently fleeing from lawful pursuit after committing a crime;
2. if they believe someone is about to commit an indictable offence;
3. if they believe there is a warrant out on the person;
4. If they have a warrant for the arrest of a person.
5. if they find someone committing an indictable offence
What can Police do after the arrest?
1. They have the right to search someone being arrested. The main justifications for this are to
check for weapons, and for evidence of the alleged offence;
2. They can't arrest someone on mere suspicion, or just to help with an investigation;
3. They can ask the person to voluntarily accompany them, to the police station;
4. The person arrested must be told the reason for the arrest;
5. If the offence is an indictable one , the police can fingerprint and photograph the person;
6. The person must be told about his or her right to talk to a lawyer;
7. The police must make a telephone available if the person wishes to speak with a lawyer.
IMPAIRED DRIVING
If I am stopped , what are my rights?
1. Police may ask you for your name and how much you have had to drink
2. Police may ask you to perform certain physical tests but you are not obligated to do them.
3. If you are asked to go to the police station for breath tests , you are obligated to do so and
provide samples of your breath. ( Your refusal to blow could result in separate charges which
have the same consequence as drinking and driving )
4. You will be provided with an opportunity to talk to a lawyer before providing breath samples.
5. If your breath reading is greater than 80 milligrams in 100 ml of blood , in Ontario , there will
be an immediate administrative suspension of your licence for 90 days. You will NOT be able to drive for the next 90 days! However , you will still be
allowed your day in court to prove whether you are innocent or guilty .
What happens if I am convicted?
Depending on whether it is your 1st offence , or a subsequent offence , there are penalties upon
conviction.
To see a list of the minimum punishment and the remedial measures that must be taken before
you get your licence back, go to:
http://www.remedial.net/
We can assist you with many criminal matters. For an appointment , please call our office and
ask for an appointment with Mr Van Walleghem.
