http://www.cbc.ca/news/canada/toronto/ontario-woman-arrested-jailed-in-u-s-for-driving-with-a-canadian-licence-1.4648561

Ontario woman arrested, jailed in U.S. for driving with a Canadian licence

'It was the most horrendous incident of my life,' says 27-year-old grad student

Makda Ghebreslassie · CBC News · Posted: May 07, 2018 4:00 AM ET

 1719 Comments  (Was 1742 hours before I refreshed the page)

Commenting is now closed for this story.

 

 
Edward Smith

THE USA is becoming less and less desirable as a tourist destination.

David Amos

@colin smith "This is Georgia, that state's police is known to pull people over and arrest you if you can't pay the officer. It's tax grab really. "

YUP and It happens many places not just Georgia. Try speeding in BC

David Amos 

@Edward Smith BTW I called Matthew Bennett the Cook County Probate Court solicitor and the Sheriff today. Both of them would not come to the phone nor would the local DA or our Canadian Consulate either. So I told their assistants to tell their bosses to answer in writing. Then the gatekeepers got curious and asked what it was about. In reply I said Google me find my Twitter account then go figure.

Methinks that although the Yankee law enforcement dudes are embarrassed to be exposed by CBC they want nothing to do with the reasons I want to talk to them because the last thing they are is ethical and I crossed paths with their bosses bigtime long ago N'esy Pas?

(BTW Anyone south of the 49th is a Yankee to me)


 
Dan Croteau

Another reason to avoid the US....sorry to all friendly Americans but your country is becoming so hostile to non-Americans as if we were somehow less "worthy".

David Amos

@Christina Robertson "however being Canadian we would help you in spite of your naiveness."

I know for a fact that ain't true and legions of law enforcement people on both sides of the border know I have proved it many times

 
Lee Anne Leland

It is the Trump effect. All foreigners to my country are now suspect and may face the same type of harassment. No wonder foreign tourism has declined.

Gregory James (Political Junkie)

@Lee Anne Leland

COMPLETE NONSENSE.

This has nothing to do with Trump. Things like this have been happening for decades.

David Amos

@Gregory James (Political Junkie) "This has nothing to do with Trump. Things like this have been happening for decades."

Very True

 
Michele Moses

That was just a mean officer. I was stopped in Dallas and my Ontario drivers license was sufficient. The cop gave a verbal warning and asked what I’m doing in Dallas. That was it. He even laughed with me. I’m sorry but that Georgia cop was just being a bully.

Jamie Robins

@Michele Moses
Yes perhaps but that cop has caused a lot of grief for this person and unfortunately, I think her crossing the border problems may just be beginning. I hope I am wrong!

David Amos

@Jamie Robins Me Too

  
Villy Frederiksen

Another reason to stay out of that nutcase country

David Amos

@Villy Frederiksen Methinks that may be why I get along with Southern Folks so well Most northern people (Excepting Maritmers) think I am a nutcase as well N'esy Pas?

 John Smith

Just don't travel to that backwater country. Problem solved

David Amos

@John Smith Methinks you should not with that attitude N'esy Pas?

  
John Black

The US will lose millions in tourist travel if they keep this up

David Amos

@Brian Meller "Naw...one incident out of millions? Drop in the ocean....."

Wrong this crap and much worse has happened to me FAR too many times

 
Chris Alexander

Jeez, I drive all over Europe with my Ontario licence.

I guess they are more informed there.

David Amos

@Barry White What makes you think you need your passport with you at all times after you crossed the US border?

Methinks that just because a part time probate lawyer in backwater Georgia claims it don't make it so. N'esy Pas?

http://www.chasedaughtrey.com/news-archive/matthew-bennett-sworn-in-as-probate-court-solicitor/

 

Michael Gnit

Cops out of control.

Igor Nordham

@Michael Gnit
Some border security personnel are way over the top too. They seem hostile to all visitors. I am just avoiding America. There are many beautiful places in Canada and elsewhere in the world to spend vacation dollars.

David Amos

@Igor Nordham YUP

 
Sergio Daniel

For any incident like this, it's very important to record or write down all the details, like time, location, name of the officer, what he/she said, etc. It's very difficult to fight against the level of ignorance, mainly when they are behind a badge and holding a gun...but I still have hope.

David Amos

@Sergio Daniel "It's very difficult to fight against the level of ignorance, mainly when they are behind a badge and holding a gun"

Methinks that there are many ghosts who would suggest that you never forget that fact N'esy Pas?

http://www.cbc.ca/news/canada/toronto/u-s-county-tries-to-reassure-canadian-visitors-after-story-of-ontario-woman-s-arrest-makes-headlines-1.4654432

U.S. county tries to reassure Canadian visitors after story of Ontario woman's arrest makes headlines

Response follows CBC Toronto story of Emily Nield, arrested in Georgia for driving with an Ontario licence

CBC News · Posted: May 08, 2018 7:40 PM ET 

 

'Those handcuffs, I still remember them being on me because they were tight,' says Emily Nield, 27. (Richard Agecoutay/CBC)


A county in Georgia is taking steps to reassure Canadians they'll be treated with respect when they visit, after an Ontario woman who was pulled over for speeding was handcuffed and put behind bars.

On Monday, CBC Toronto broke the story of Emily Nield, who was stopped in Cook County. When Nield showed her driver's licence to the police officer, she was arrested for driving with an Ontario licence.

• Ontario woman arrested and jailed in U.S. for driving with a Canadian licence

Shortly after filming herself in the back of a police cruiser in handcuffs, Nield was taken to a police station and charged with both driving without a licence and for doing 87 m.p.h. in a 70 m.p.h. zone. She was fingerprinted and a mugshot was taken.

Her story made international headlines.

The county's office contends Interstate 75 brings nearly a million travellers through the area each month and that law enforcement officers regularly come across cases of identity theft. While non-U.S. citizens with a valid foreign driver's licence are allowed to drive in Georgia, law enforcement officers can consult a person's passport or visa to verify its validity.

Nield didn't have original documents with her and had only copies on her phone. And according to Nield, the officer didn't recognize the validity of her licence. "She kept saying, 'No, Canadian licences are not accepted,'" said Nield. "I was flabbergasted."

'Georgia is open for business'

Officials in Cook County have issued a news release saying they'd met with Canadian Consul General Nadia Theodore "to discuss how the parties could move forward."

The meeting, which focused on best practices for law enforcement officers and Canadian citizens visiting Georgia, came at the behest of Theodore, the release said. 

 

Nield says a Georgia police officer arrested her for driving with an Ontario licence in the U.S. (Richard Agecoutay/CBC)

 

 

"As a result of the meeting, Cook County officials assured Canadian travellers that Georgia is open for business, their citizens would be treated with respect, due process would be afforded to its citizens, and any non-citizen who is arrested would be able to contact their regional consulate," it said.

Nield said she was told by police that she would remain in jail until her court appearance on June 12, unless she paid an $880 US bond in cash, which she didn't have.

That's something the Cook County Sheriff's Office denied.

"That is not correct," it said in a statement late Monday. "Georgia law states that any individual who is arrested on a non-warrant is entitled to a first appearance hearing to be advised of their rights and bond within 48 hours of arrest."

'Citizens will be treated with respect and dignity'

Three days after her arrest, the county solicitor agreed that her charges should be dismissed. With Nield in Georgia studying and her having no prior run-ins with the law, the court is taking steps to erase her arrest record.

"The men and women of my office are dedicated public servants," Sheriff Douglas Hanks said in Tuesday's statement.

"As I explained to Consul General Theodore, her citizens will be treated with respect and dignity and will be treated no different than that of Americans or any other person whom we come into contact with."

Ontario woman arrested, jailed in U.S. for driving with a Canadian licence

'It was the most horrendous incident of my life,' says 27-year-old grad student

Makda Ghebreslassie · CBC News · Posted: May 07, 2018 4:00 AM ET

Emily Nield says a Georgia police officer arrested her for driving with an Ontario licence in the U.S. (Richard Agecoutay/CBC)




An Ontario woman is looking for an apology from the Georgia police officer who arrested, handcuffed and charged her because she was driving with a Canadian licence.

"It was the most horrendous incident of my life," said Emily Nield. "It was mortifying. I was terrified the entire time."

About a month ago, the 27-year-old was driving through Georgia to Tennessee, where she had just completed a master's degree in geology. Nield's route took her along the I-75, which is often used by Canadians making the trek to and from Florida.

• Canadian driver's licences valid in Florida, after all

That's where she was pulled over for speeding, and the officer asked to see her licence. Nield handed over her Ontario driver's licence, but wasn't prepared for the officer's reaction.

"She kept saying, 'No, Canadian licences are not accepted,'" said Nield. "I was flabbergasted. I just kept saying this can't be right — a Canadian licence is always valid."

Nield told CBC Toronto she was then asked to prove she was Canadian and although she had copies of her passport, Nexus card, and birth certificate on her phone, the officer wanted to see an original hard copy.

I was flabbergasted. I just kept saying this can't be right — a Canadian licence is always valid.- Emily Nield

"When I failed to produce it, she reached through the window of my car and she put handcuffs on me," said Nield.

"She told me that I have just been arrested for driving without a licence and that I needed to go to jail."

In the back of the officer's cruiser Nield managed to take a video on her cellphone and send it to friends on SnapChat.

CBC News Toronto

This woman filmed her arrest in U.S. for driving with Canadian license

00:00 00:42

 

Emily Nield was pulled over for speeding in Georgia, but she wasn't prepared for the officer's reaction. 

She was arrested for driving with an Ontario driver's license. While cuffed in the back of the police cruiser, she managed to take a video on her cellphone and send it to friends. 0:42

"I'm in cuffs. Help me! I don't want to go to jail," she says in the video as she breaks down in tears.

'I never committed a crime'

At the police station Nield was charged with driving without a licence and speeding, for doing 87 m.p.h. in a 70 m.p.h. zone.

Police took her mugshot and fingerprinted her.

"They kept saying 'You're now in the system. Any crime that's going to be committed, your fingerprints are going to be searched,'" said Nield. "I never committed a crime."

One of her friends was able to determine her location in Adel, through a feature on SnapChat, and called the sheriff's office in Cook County, Ga.

Nield said she was permitted to speak to her friend, but her requests to speak to the Canadian Consulate or her parents went unanswered.

Paid $880 to get out of jail

She said police told her she would remain in jail until her court appearance on June 12, unless she paid an $880 US bond in cash, which she didn't have.

That's something the Cook County Sheriff's Office denies.

"That is not correct," it said in a statement late Monday. "Georgia law states that any individual who is arrested on a non-warrant is entitled to a first appearance hearing to be advised of their rights and bond within 48 hours of arrest."

Interstate 75 brings in nearly a million travellers through the county each month, the statement says, and law enforcement regularly comes across cases of identity theft and other related crimes. "That is why we follow Georgia [Department of Driver Services] guidelines and request a passport or visa to verify their identity," Capt. Brent Exum said in the statement.

Eventually Nield was allowed to use her debit card and post her own bail. She said she also had to pay $200 to remove her car from the impound.

• American shakedown: Police won't charge you, but they'll grab your money

She stayed in the States while trying to get the charges dismissed and the arrest expunged, with the help of a friend's father, who is a lawyer in Virginia, and the Canadian Consulate.

"I just kept thinking this would ruin me," Nield told CBC Toronto. "Any job application you have to check a box. Are you a criminal? Have you ever been convicted or arrested for anything?"

Emily Nield is now at home with her parents in Kleinburg, Ont., but says she will still have to make another trip back to the U.S. to pick up her vehicle. (Richard Agecoutay/CBC)

According to the Georgia Department of Driver Services website, "non-U.S. citizens holding a valid foreign driver's licence are allowed to drive in the state of Georgia."

The website goes on to explain "in the case of a driver licence issued by the driver's licensing authority of a foreign country, a law officer may consult a person's passport or visa to verify the validity of such licence, if available."

Charges dismissed

Three days after Nield's arrest, Matthew Bennett, the Cook County probate court solicitor, agreed the charges should be dismissed and the judge signed off on it.

"I just felt like it probably became a bigger deal than it should have been considering that she was here studying — no prior trouble," said Bennett.

He said the court, in consultation with Nield's attorney, is taking measures to erase her arrest record. As of last week, he estimated it could take another couple of weeks to do so.

Make sure that you have your passport or supporting documents along with your driver's licence. - Matthew Bennett, Cook County Probate Court solicitor

In Monday's statement, Bennett said "the confusion that arose in this case was the fact Ms. Nield stated she lived in Tennessee."

Non-permanent residents in the U.S., he explained, are allowed to obtain a Tennessee driver's licence or ID card that expires when their visa does.

In the meantime, he has some advice for Canadian drivers.

"Make sure that you have your passport or supporting documents along with your driver's licence," said Bennett. "I know I would if I was in a foreign country."

Know the law

Nield said she had copies of those on her phone, but doesn't believe it would have made a difference if she had carried the originals, because the officer believed a Canadian driver's licence was invalid.

"If you're a police officer you should know your laws, especially the I-75 people going north," said Nield. "There are so many snowbirds, and Canadians drive to Florida all the time for vacation."
After finding out her arrest would be cleared from the system, Nield said she "cried with joy," and last week she flew back to Canada.

Right now Nield is at home with her parents in Kleinburg, Ont., but she said she will still have to make another trip back to the U.S. to pick up her vehicle.

In the meantime, she wants the Cook County Sheriff's Office in Georgia to be held accountable, so it doesn't happen again.

"At least with the officer who arrested me, I would love to see a formal reprimand," said Nield. "That way she can learn that this is not right — an apology is what I would love the most."

The sheriff's office statement quotes the probate court judge in response.

"Ms. Nield was afforded the same rights as an American citizen and she had the opportunity to have the facts of her case heard in a court of law," said Judge Chase Daughtrey. "In this case, the justice system worked and for that everyone should be thankful."

About the Author

Makda Ghebreslassie

CBC Toronto reporter

Makda is a CBC Video-Journalist, who from time to time fills in as TV news anchor and a newsreader on Here and Now and Fresh Air. She worked in newsrooms in Sudbury, Sault Ste. Marie and Windsor before moving back home to Toronto. makda.ghebreslassie@cbc.ca