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I realize this is Canada and not the US, but up here there's a few ways to get burned: - You can be charged with driving while impaired without failing any kin
by tonyarkles 11y ago
I realize this is Canada and not the US, but up here there's a few ways to get burned:
- You can be charged with driving while impaired without failing any kind of field sobriety test/breathalyzer (Criminal Code 253.1)
- Refusing a breathalyzer test or field sobriety test is also a criminal offence (254.5)
And I don't have a cite for this off the top of my head, but I recall that there was a Charter challenge for mass road-side check-stops (we frequently have those during holiday weekends), and the Supreme Court used clause 1 (below) to say that while road-side check-stops do in fact violate your Charter rights, they're justifiable in a free and democratic society.
Clause 1: "...guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society."
Edit: at least they do document what the standardized field sobriety test can consist of: http://www.canlii.org/en/ca/laws/regu/sor-2008-196/latest/sor-2008-196.html?searchUrlHash=AAAAAQANc29icmlldHkgdGVzdAAAAAAB&resultIndex=3 http://www.canlii.org/en/ca/laws/regu/sor-2008-196/latest/so...