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Danny

Impaired driving and new laws

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It may sound unbelievable, but Canada’s revised laws on impaired driving could see police demand breath samples from people in bars, restaurants, or even at home. And if you say no, you could be arrested, face a criminal record, ordered to pay a fine, and subjected to a driving suspension.

You could be in violation of the impaired driving laws even two hours after you’ve been driving. Now, the onus is on drivers to prove they weren’t impaired when they were on the road.

“It’s ridiculous, it’s basically criminalizing you having a drink at your kitchen table,” Paul Doroshenko, a Vancouver criminal defence lawyer who specializes in impaired driving cases, told Global News.

READ MORE: Returning bottles to the Beer Store? Beware of possible breath test by police

“If you start to drink after you get home, the police show up at your door, they can arrest you, detain you, take you back to the (police station) and you can be convicted because your blood alcohol concentration was over 80 milligrams (per 100 millilitres of blood) in the two hours after you drove.”

Changes to Section 253 of the Criminal Code of Canada took effect in December giving police greater powers to seek breath samples from drivers who might be driving while impaired.

 

https://globalnews.ca/news/4832762/impaired-driving-canada-breath-samples/?utm_medium=Facebook&utm_source=GlobalNews&fbclid=IwAR1CuXETKSnVpVL7U7ru-XuodBSZbRNDVIdW-RQUHTJTB4PhokK4eezsfao&fbclid=IwAR286HGJy54Pz0rC8CQrbpYFn5reXfhlzMXQpHTGnhx74_IAXoIYLALgmKQ

Police in Canada can now demand breath samples in bars, at home

 

Edited by Danny

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2 minutes ago, TuckerIntensity said:

I do not condone impaired driving, but I think this is a slippery slope. It seems like carding. Minorities are going to get targeted 

True, but anyone can be targeted too,... but yup, there will be profiling and when I read the part about buddy driving to a buddies to watch a hockey game and say his pissed off ex drops a call to the police to say where he is now, they can go to that home and give him a breathalyzer test. Home invasions really. 

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11 minutes ago, Mantis Toboggan said:

I’m no law guy but that doesn’t seem like it’ll hold up in the super courts 

If [the police] come and find you at the restaurant they can take you out of the restaurant despite the fact you’ve been drinking at the restaurant, maybe you weren’t going to drive away,” he said, arguing the rules are excessive.

“It is profoundly stupid, so most people assume it can’t be. But that’s what the law is now, you will see it happen — I guarantee it.”

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Also from the OP link;

Quote

 

“The ‘two-hour’ rule in the new impaired driving laws was put in place to limit the use of certain defences in drunk driving cases,” Taylor said in a written statement.

“It is also used in at least 16 US States and has been upheld by their courts. In order to seek a breath sample after a driver is no longer behind the wheel, a police officer would require reasonable grounds to believe that person was impaired while they were driving.”

While criminal lawyers predict the new law will be challenged, likely through appeal courts and even to the Supreme Court of Canada, they expect that process will take several years. In the meantime, they say drivers are vulnerable to unfair arrests and prosecution.

 

Emphasis added.

It's pretty touch-and-go as to whether the Supreme Court will do anything, honestly.

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Lots of shit I don’t understand in this: 

1. What constitutes reasonable grounds that you were impaired while previously driving. Is a phone call with your licence plate number enough?

2. How can they prove it was you that was driving the car? If my wife was driving and I was sitting home watching football and drinking beer and we’re both in the house, how do they determine who was behind the wheel? 

3. What if I just don’t answer my door? Do the police have the right to enter my home?

In truth, I think that almost nobody will be affected by this law. Think about the precise circumstances that will have to occur. Someone calls the cops because you have appeared intoxicated while driving, you then get home and immediately hit the bottle, then the police show up after you went over the limit... not something I’ll be too worried about, but it still serms like a flawed law.

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The only time I’ve heard anybody freak out over this was at old man beer league hockey on Thursday where a lot of them do consistently push the line of DUI or not.

Completely get that’s the same as saying “if you have nothing to hide” about carding, but I just don’t see why this is such a concern for so many people.

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15 minutes ago, Armster said:

"Completely get that it's the same as saying violate a portion of my fundamental human rights but why is that so concerning?"

 

Lol.  

There has to be a middle ground at some point. I’ll blow into a breathalyzer if asked if it means the likelihood I’m going to die on the drive home is decreased. I’m ok with showing ID if asked if it means I’m not blown up in some political terrorist attack at the G20.

Obviously there is a line, but this “my freedom!!” narrative is weak.

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My freedom is not a narrative. And it's most definitely not weak.   Sure it's relative and that whole are we really free conundrum but ask people that don't share the same rights and freedoms how weak it really is.   It's extremely narrow-minded to think this way.  Being allowed to come into my home up to two hours after I've arrived to test me is not a rule I'm on board with.

 

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8 minutes ago, Armster said:

My freedom is not a narrative. And it's most definitely not weak.   Sure it's relative and that whole are we really free conundrum but ask people that don't share the same rights and freedoms how weak it really is.   It's extremely narrow-minded to think this way.  Being allowed to come into my home up to two hours after I've arrived to test me is not a rule I'm on board with.

 

Freedom as a general idea is not weak. Spouting off “you’re taking away my freedoms” as the only real argument against something is weak however.

It is the exact same thing the gun nuts use when it talk about gun control... think about that.

We are free. We live in a society however that needs rules and procedures in place in order to maintain that freedom, which inevitably requires individual sacrifices of “freedom”.

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When you are drawing a line between this and gun control it absolutely is.  There are very clear differences. It shows a lack of critical thinking and I will do me by not responding to those who've shown no ability to think critically except with a well-deserved sarcastic comment.  

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7 minutes ago, Jhator said:

White guy doesn’t understand why minorities don’t like laws that extend police powers. 

It’s not just minorities though... I actually said my experience so far has been the opposite. None of you are minorities, none of the old white guys on my beer league team are minorities.

Are you all campaigning against the hypothetical oppression that blowing into a breathalyzer is going to cause the minorities? More likely you’re stuck on this “taking away my freedom” shit that is a horrible argument if that’s really your only talking point.

Edited by TieClark

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