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Old 09-04-2014, 04:28 PM
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Okotokian Okotokian is offline
 
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Quote:
Originally Posted by CraigJ View Post
Actually yes he would have been under arrest. Not in the traditional sense of being placed in handcuffs, sitting in the back of a police car, having being read your charter right, etc, but in the legal sense that he is being detained by a peace officer, certain rights are being removed from him and he is not lawfully able to just walk away and leave. Yes if he did not admit guilt and pay the fine he would have been required to appear in court before a Justice of the Peace. If he did not complete either of these options by the date specified on the Summons, an arrest warrant would be issued and he WOULD then be arrested, handcuffed, read charter rights, etc.

For your own information when you are stopped for speeding you ARE under arrest. Just try taking off when you have been stopped and see what happens.

Personally I think it is better to ask than to not ask if you don't know something.
Speeding is not a criminal offence (which is what is being asked about I think) and you are not under arrest. Now trying to evade the police after you have been stopped is a criminal offence, but it's unrelated to the speeding. What job applications and other documents usually ask is "Have you been convicted of a criminal offence?" I think for speeding or a fishing license violation you can truthfully answer "No."
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