| Showing posts under "Impaired Driving" |
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| Police need Reasonable Suspicion for a Roadside Drug Test |
Police need grounds to form a reasonable suspicion that a driver has consumed drugs before they can legally demand fluids in a roadside check. Understand the penalties for drug-impaired driving. |
Mar 08, 2019 |
| Mandatory Roadside Testing will make it easier for Police to detect Drunk Drivers |
Effective on December 18th, Canada’s Criminal Code allows police to demand a Breathalyzer test during a roadside stop without suspicion of drinking. Other changes to drunk-driving laws will simplify the processing of drunk-driving offences. |
Dec 18, 2018 |
| Occupant in stopped Car is found ‘not guilty’ of DUI despite registering ‘over 80’ |
A man discovered behind the wheel of a disabled car at the side of the highway was found 'not guilty' of drunk driving when there was reasonable doubt that he was driving the car while drunk. |
Sep 04, 2018 |
| Judge upholds Acquittal on Impaired Driving Charge for Case involving Prescription Drugs combined with Alcohol |
On appeal, the judge upheld the acquittal of an impaired driving charge for a man who’s ability to drive was severely impacted after he combined a small amount of wine with a prescribed drug, Lorazepam. |
Mar 20, 2017 |
| Ontario Judge finds Accused’s Charter Rights were violated and dismisses ‘Over 80’ Charge |
An Ontario court acquitted a man on two DUI charges: ‘over 80’ charges were dismissed on a finding that the man’s Charter rights were violated on arrest; and he was acquitted of impaired drive due to reasonable doubt. |
Dec 13, 2016 |
| Rights Matter: Breath Evidence excluded after Turban not returned |
DUI charges were dismissed when breathalyzer evidence was excluded in a DUI case because the defendant's Charter right to freedom of religion was breached. The man's (an observant Sikh) turban was accidentally knocked off his head during his arrest but not returned to him for 3 hours. |
Jul 03, 2016 |
| A DUI Arrest cannot be based on an Officer's Hunch that a Driver is Impaired |
A 2015 trial highlights the fact that an arrest for driving under the influence of drugs cannot be based solely on an officer?s hunch. Arresting officers need objective and reasonable grounds to make an arrest or the arrest is in violation of a driver's rights. |
Jan 21, 2016 |
| Hit & Run: Failure to remain at the Scene |
Fleeing the scene of an impaired driving accident will make the penalties much worse if caught. |
Oct 03, 2013 |
| Implied Consent |
Offenders pulled over for Impaired Driving often attempt to avoid taking the required tests. |
Aug 30, 2013 |
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