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Is being randomly intercepted by a police officer legal?

Two male police officers standing by a pulled-over car, suggesting the need for a criminal lawyer.

Have you ever been stopped by a police officer when you thought you were driving perfectly and your vehicle was in order? Whether it is a roadblock, a verification of your driver’s licence and proof of insurance, the physical condition of your car or a simple sobriety check, does a police officer, by law, have the right to stop you at random?

A police check where nothing should be left to chance

Police officers can indeed randomly stop you under the Highway Safety Code. However, they must respect certain aspects for the interception to be considered lawful.

Interception criteria

For a peace officer to be able to stop you under the Highway Safety Code (CSR), he or she must be easily identifiable, for example by wearing his or her uniform.

The police officer can also intercept you when you are travelling on a public road. This notion of public road also includes so-called private roads which are open to public traffic. You must also understand that if you are on a public road and a police officer chases you, you cannot then enter a private property and tell them that they cannot carry out the check. Since the pursuit had already begun, he will then have the right to cross the line between public and private roads to catch you and intercept you. However, if his interception is motivated by a purpose other than road safety control, for example by the simple curiosity of the police officer or some unclear reason, then the random check will be invalid.

The reasonable grounds issue

The police officer may also, if he or she has reasonable grounds to suspect that you are committing an offence, detain you for the purpose of conducting an investigation. This detention will be justified if the police officer, acting in the course of his or her duties, has reasonable grounds to believe that you are committing an offence or that you have just committed one. Finally, the police officer can stop your vehicle if he or she believes that the vehicle’s occupants need immediate assistance. To this end, the police officer may require you to submit to a breathalyzer test when he or she believed that you were in trouble, he or she has reasonable grounds to believe that you drove your vehicle while impaired or with a blood alcohol level that would be above the legal limit.

A criminal lawyer to defend you against a random check

In summary, a police officer can stop you at random when you have not committed any Highway Safety Code violations. However, if the police officer searches you because they believe you have committed an offence and find something incriminating, you may be charged with the second offence. If you are in a similar situation, don’t hesitate to contact us. We will provide you with the right advice.

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Portrait professionnel de Alexandre Giroux, Avocat en criminel.

Alexandre Giroux en

Criminal lawyer

Me Alexandre Giroux (c.j.c. British Columbia) completed the integrated bachelor’s degree in International Studies and Modern Languages ​​from Laval University before obtaining his double degree in civil law and common law from McGill University.

During his studies at McGill University, he was involved with Legal Aid of Montreal, Innocence McGill and Criminal Law McGill. He is also a course assistant for Criminal Justice, the course introducing first-year students to criminal law. Finally, he is an intern with the Honorable Robert Hamel, judge at the Court of Quebec, Youth Division.

Me Giroux began his career in Vancouver, where he practiced in two highly renowned criminal defense firms. He then relocated to Montreal and joined Riendeau Avocats, where he practiced mainly in criminal law. Me Giroux firmly believes in the presumption of innocence and in the right of all accused to benefit from the best possible defence. He can assist you in French, English, Spanish and Portuguese.

Portrait professionnel de Emmy, Avocate en criminel.

Me Emmy

Criminal Lawyer

Holder of a bachelor’s degree in law from the University of Montreal, Emmy finalized her professional career by completing the bar school in 2022. She then joined the Riendeau Avocats team. Throughout her studies, Emmy volunteered with companies that shared her values, such as the pro bono students of Canada. Listening to her clients and passionate, Emmy will be able to support you throughout your legal process.

Portrait professionnel de Carolia Ranivoharindrano, Responsable de la comptabilité.

Carolia Ranivoharindrano

Accounting Manager

After earning her bachelor’s degree in Political Science at Concordia University, Carolia decided to continue her studies in Paralegal Technology at CDI College. Passionate about criminal law, she decided to join the Riendeau Avocats team to complete her internship. She loves learning more about the field of criminal and penal law from lawyers. In addition, with her many years of experience in customer service, she knows how to help clients with professionalism and rigor, in order to give the best satisfaction to the firm’s clients.

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Portrait professionnel de Me Anthoni Daoust, Avocat en droit pénal et criminel.

Me Anthoni Daoust

Penal and Criminal Lawyer

Maître Anthoni Daoust, holder of a bachelor’s degree in law from the University of Sherbrooke and member of the Bar since 2021, stands out for his incessant quest for knowledge. Indeed, he also obtained a bachelor’s degree in Business Administration from the University of Quebec, a minor in criminology from the University of Montreal, as well as training in police technology from John Abbott College. This variety of academic training gives him a unique and informed perspective when reviewing his files.

Me Daoust is a lawyer specializing in criminal and penal law, demonstrating a deep commitment to the recognition and respect of individual rights. As a progressive lawyer, he actively engages in a practice aimed at making justice more accessible to all. Thanks to his exceptional analytical and negotiation skills, he manages to obtain optimal settlements in order to guarantee his clients a complete and effective defense.

Portrait professionnel de Gabrielle Lauzon, Avocate en droit criminel et pénal.

Gabrielle Lauzon

Criminal and Penal Lawyer

Bachelor of Laws under the COOP regime of the University of Sherbrooke, Me Gabrielle Lauzon joined the Riendeau Avocats team as a criminal lawyer after completed his internship. Me Lauzon shows great compassion towards everyone of its customers and always remains available to help others. Driven by her thirst for knowledge and her dynamism, she devotes herself enormously to each of her causes. Also practicing in criminal law, Me Lauzon is part of the MTL Ticket team and will be able to defend you vigorously for any statement of offense related to the Safety Code road.

Portrait professionnel de Pascal Gilbert, Avocat en droit pénal et criminel.

Pascal Guilbert

Penal and Criminal Lawyer

Me Pascal Gilbert is passionate about law. Holder of a bachelor’s degree in law from the University of Montreal, in addition to a bachelor’s degree in history, Me Gilbert joined the Riendeau Avocats team as a criminal and penal lawyer. Listening to the needs of his clients, he will be able to be creative in order to explore all possible avenues throughout your legal process. Mr. Gilbert has excellent research and writing skills and is a keen learner. He wants to advance the law in the best possible direction.

Portrait professionnel de Louisa Heniche, Avocate en criminel.

Louisa Heniche

Criminal lawyer

Me Louisa Heniche holds two bachelor’s degrees from the University of Quebec in Montreal. Passionate about law, she first completed a first bachelor’s degree in international relations and international law, before completing her studies with a bachelor’s degree in law. Her career has been marked by the defense of human rights, as she has long been involved in the international clinic for the defense of human rights at UQAM as well as in the Innocence Project, which helps victims of miscarriages of justice. . Registered on the roll of the bar association, Me Heniche works as a criminal lawyer, in addition to supporting our clients in their requests for forgiveness. She always has the interests of her clients at heart and demonstrates thoroughness and empathy.

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Coralie Leblanc

Paralegal Student – Personal Biography Soon. 

At Riendeau Avocats, we are proud to have highly qualified and professional personnel on our team who defend our clients’ cases with thoroughness and determination. Our lawyers, paralegals, students-at-law, and management and administrative staff work together to provide a full answer and defence to each of our clients, regardless of the nature of the offence.

Logo blanc de Riendeau Avocats- Droit criminel

Danyka Beauchamp

Paralegal – Personal Biography Soon. 

At Riendeau Avocats, we are proud to have highly qualified and professional personnel on our team who defend our clients’ cases with thoroughness and determination. Our lawyers, paralegals, students-at-law, and management and administrative staff work together to provide a full answer and defence to each of our clients, regardless of the nature of the offence.

Logo blanc de Riendeau Avocats- Droit criminel

Valérie Paquette

Accounting Manager and Accounting Technician – Personal Biography Soon. 

At Riendeau Avocats, we are proud to have highly qualified and professional personnel on our team who defend our clients’ cases with thoroughness and determination. Our lawyers, paralegals, students-at-law, and management and administrative staff work together to provide a full answer and defence to each of our clients, regardless of the nature of the offence.

Katherine Hurtubise

Administrative assistant – Personal Biography Soon. 

At Riendeau Avocats, we are proud to have highly qualified and professional personnel on our team who defend our clients’ cases with thoroughness and determination. Our lawyers, paralegals, students-at-law, and management and administrative staff work together to provide a full answer and defence to each of our clients, regardless of the nature of the offence.

François Gamache, directeur des ressources humaines Riendeau Avocats

François Gamache

Human Resources Director 

For more than 15 years, François Gamache has been working within our firm as the human resources director who has been successfully balancing team management and operations coordination. Versatile and mindful, he ensures that each employee is happy and fulfilled, which is what makes François a major asset at Riendeau Avocats. He is also in charge of hiring and integrating new employees.

Portrait professionnel de Me Ariane Roberge, Avocate en droit criminel et pénal.

Me Ariane Roberge

Criminal and Penal Lawyer

Member of the Bar, Me Ariane Roberge holds a Bachelor of Laws with graduate studies in Common Law and Transnational Law (Juris Doctor) from the University of Sherbrooke. Me Ariane Roberge is a lawyer with a practice focused on criminal and penal law. Although she joined the Riendeau Avocats team as an intern, she quickly made her mark as a lawyer and gained the trust of her clients. Her good energy is always present, Me Roberge is known within our firm as a dynamic lawyer who is 100% committed to each of her causes.

Portrait professionnel de Me Chloé Rainville, Avocate en droit criminel et pénal.

Me Chloé Rainville

Criminal and Penal Lawyer – Personal Biography Soon. 

At Riendeau Avocats, we consider ourselves lucky to have highly qualified and professional staff within our team to defend our clients’ cases with rigor and determination. Our lawyers, our paralegals, as well as our trainees and our management and administrative staff, work together to offer a full and complete defense to each of our clients, regardless of the nature of the offense.

Portrait professionnel de Me Chanèle Lecompte, Avocate en droit criminel et pénal.

Me Chanèle Lecompte

Criminal and Penal Lawyer 

A lawyer practicing mainly criminal and penal law, Me Chanèle Lecompte holds a Bachelor of Laws from the University of Sherbrooke. During her university career, she had the chance to do an internship with the judiciary, which allowed her to acquire the many assets that she puts forward during her representations before the courts. Passionate about criminal law, Me Lecompte will accompany you and defend you during the different stages of your file, and will listen to you.

Catherine Bernard, avocate criminaliste de chez Riendeau Avocats

Me Catherine Bernard

Criminal Lawyer – Personal Biography Soon. 

At Riendeau Avocats, we are proud to have highly qualified and professional personnel on our team who defend our clients’ cases with thoroughness and determination. Our lawyers, paralegals, students-at-law, and management and administrative staff work together to provide a full answer and defence to each of our clients, regardless of the nature of the offence.

Alexandra Bérubé, avocate chez Riendeau Avocats Montréal

Me Alexandra Bérubé

Criminal Lawyer – Personal Biography Soon. 

After obtaining a bachelor’s degree in law at the University of Montreal, Me Alexandra Bérubé then perfected her training by completing a master’s degree in criminal law at the University of Sherbrooke. Having already practiced in civil law before devoting herself to criminal law, she shows great versatility and knows how to juggle the different spheres of law in order to fully understand all the issues that may arise in the cases entrusted to her. Honest, rigorous and passionate, Me Bérubé is a lawyer of conviction who firmly believes in rehabilitation and in the right to a full and complete defense.