Criminal - Summary
We provide services in the following:
Driving while impaired - Breath Testing and your Charter Rights
Under common law, ARE police lawfully authorized to approach and do a sobriety check at random(s. 48(1) of the HTA) on private driveways/properties where the Highway Traffic Act does not authorize and they believe that you are or appear to be in control (sitting behind the wheel with the engine on) or in operation of a motor vehicle and the officer suspects you are not sober?
Example: Police follow you to your or to a private property and then comes up to you and questions you about where you are coming from, were you drinking or smoking some substance.
What just happened to you was unlawful and arbitrary detention based on assumed authority to stop you when you are not on a highway. They obtained evidence against you during questioning where you are expected to have a reasonable expectation of privacy. That evidence they obtained against you will be thrown out of court.
Police have the statutory authority to stop vehicles on the highway at random (s. 48(1) of the HTA) AND if they perceive or suspect any alcohol or drug impairment they can lawfully detain, investigate, make an arrest and make a demand where appropriate under section 320.27 or 320.28 of the Criminal Code (Canada) to conduct a breathalyzer test. If you had your last drink at 10 p.m., they should wait 15 minutes after your last drink to ensure the accuracy of the ASD testing. Also, a blood sample may be conducted for the interest and safety of you and the public. They MUST let you know that you are being detained, under arrest and reason(s) and MUST read you your rights to counsel without delay. They should NOT search your vehicle.
You ask, we listen, we answer.
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