Everyone is nervous when they are stopped by the police. On the one hand, even if you’re 100% certain you’ve done nothing wrong, there is the concern that the police think you’ve done something wrong. There is the public embarrassment of sitting in your car with a police vehicle behind with red and blue lights flashing. It’s a very unusual circumstance for most people and so it’s natural to wonder what to say when the police stop you in your vehicle.
Your obligations under the Motor Vehicle Act
If a police officer pulls you over or finds you in the driver’s seat of a vehicle on a road or highway in BC, you must present your driver’s license and you must state correctly your name and address and the name and address of the owner of the motor vehicle. These obligations arise from sections 33 and 73 of the Motor Vehicle Act.
So it usually starts with a police stop. If you are operating a motor vehicle and a police officer, identifiable as a police officer, signals you to stop, you must stop. But it doesn’t need to be a stop.
If you are, in fact, in charge of a vehicle while on a road or highway, even if you weren’t the driver, you must state correctly your name and address and the name and address of the owner of the motor vehicle. So, for example, your truck runs out of gas and your 17 year old son waits by your truck while you head down the road to take care of the problem, at that point your son would be required to state his name, address and the name and address of the registered owner if asked to do so by a police officer acting as part of their lawful duties.
Interestingly, in this circumstance you would not be required to provide a driver’s license. Being “in charge” of a motor vehicle is different from operating a motor vehicle.
If you’re a driver or operating a motor vehicle, you must have your driver’s license with you and you must present your driver’s license upon the demand of a police officer acting as part of their lawful duties.
These are the things you must do. In short, present your driver’s licence if the police ask for it (which is a demand in this context) and correctly state your name and address and the name and address of the owner of the motor vehicle.
That is the extent of your obligations, unless you are operating a commercial vehicle at which point more obligations arise.
Date of birth?
The police have no legislated authority to ask you your date of birth or to confirm your date of birth. You can refuse to answer that question.
It’s very common for the police to ask people their date of birth and most people seem to tell them, but it’s a question that you can ignore or refuse to answer. We think it’s impolite to ask someone their age.
If the police ask you your age, our advice is to remain silent.
Had anything to drink?
There is no obligation in law to answer this question and we encourage everyone to remain silent at this point. Silence is your legal right. The moment the officer goes beyond identifying you, it becomes an investigation, and you are detained at the moment of the police stop. From this point on the police are limited in what they can do. They can give you your license back and you may leave. They can give you a ticket for any Motor Vehicle Act infractions. They can demand that you provide a breath sample immediately right there.
If they don’t do any of the above, then they must inform you of why you are being further detained and notify you of your right to silence and your right to talk to a lawyer.
If you answer the question, “have you had anything to drink?” you may give the officer information to detain you further. Our advice is to remain silent.
Do you know why I pulled you over?
This is not an uncommon question. As far as we’re concerned, this question is inappropriate. The police should know the reason they pulled you over and pursuant to section 10(a) of the Charter of Rights they should tell you why they have detained you.
When you have been detained for an offence of any sort, it is an investigation and you have a right to silence, except with respect to your license and identification obligations discussed above.
How are you doing this evening?
Remain silent. At this point the officer hasn’t told you why you are detained. Your right to silence exists even if you haven’t been warned of it by the police. This is never a question you should answer.
Where are you coming from tonight?
Again, remain silent. There is nothing you can say that will ever help any case that may arise from the stop and any information you volunteer will be used by the police against you.
Bad Answers:
“I had nothing to drink” or “I had a couple of beers” are two of the worst things you could say. If the officer claims they smell liquor on you, even if it’s a complete lie, your denial can be used to damage your credibility in any hearing that arises when things unfold as they often do.
If you say, “I just had one” or “a couple” this statement gives the officer grounds to detain you further. For this reason, when you are asked anything about drinking, the best advice is to say not answer the question. Remain silent. Do not reply to the question.
Persistent questions?
If the police ask you questions beyond name, address and the name and address of the owner of the motor vehicle, you should simply remain silent. If they persist, you should simply continue to remain silent. If you feel pressure to say something, state “Lawyer told me not to talk to you” and then remain silent.
You may end up with a traffic ticket but chances are you would not have talked your way out of it in any event, and there is a greater likelihood, if you blather on, that you’ll talk yourself into something much worse.
If the police pull you over, provide them your license and if asked, tell them your name, address and the name and address of the registered owner. Beyond that, rely on your right to silence and you will likely shorten the detention and avoid digging yourself a hole.
Stopped by the police in British Columbia? Call us
We have been defending driving cases and in particular, DUI, IRP and criminal impaired driving cases for well over 2 decades so we know what to say when the police stop you.
This is what we do, and we’d be pleased to help you. Give us a call if you were stopped by the police.