Off topic: New Canadian drinking law in Jan 2019
01-16-2019, 12:14 AM
#1
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Thread Starter
Off topic: New Canadian drinking law in Jan 2019
Oh Dear Canada,
I thought my fellow Porsche enthusiast should know.
"The changes took effect last month, and the most obvious among them has been the removal of the requirement to establish a “reasonable suspicion” of alcohol consumption before police can demand a breath sample. Now, police can compel a motorist to blow into a breathalyzer at any time. Under the new law, someone can still be in violation up to two hours after driving. "
https://globalnews.ca/news/4838386/c...s-way-too-far/
I thought my fellow Porsche enthusiast should know.
"The changes took effect last month, and the most obvious among them has been the removal of the requirement to establish a “reasonable suspicion” of alcohol consumption before police can demand a breath sample. Now, police can compel a motorist to blow into a breathalyzer at any time. Under the new law, someone can still be in violation up to two hours after driving. "
https://globalnews.ca/news/4838386/c...s-way-too-far/
Last edited by rmstar; 01-16-2019 at 12:54 AM.
01-16-2019, 01:46 AM
#4
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However, if you read the law deeper, you will see the erosion of "innocent until proven guilty" that is what I wanted to point out. For example, you drive the car to the party, your partner is not drinking and drive you back home. Within 2 hours, the cop show up, for unknown reason, force you to take a breathalyzer test, you fail. Now you have to prove in court that you did not drive back and was not drinking before arriving at the party! OR, you didn't drink at the party, got home, finish a couple bottle of wine, cop show up, fail the test, now you need to prove you are innocent in court since the cop will not listen to your explanation.
01-16-2019, 03:17 AM
#6
Drifting
I always take a cab when go out for a drink or have a designated driver in the group.
However, if you read the law deeper, you will see the erosion of "innocent until proven guilty" that is what I wanted to point out. For example, you drive the car to the party, your partner is not drinking and drive you back home. Within 2 hours, the cop show up, for unknown reason, force you to take a breathalyzer test, you fail. Now you have to prove in court that you did not drive back and was not drinking before arriving at the party! OR, you didn't drink at the party, got home, finish a couple bottle of wine, cop show up, fail the test, now you need to prove you are innocent in court since the cop will not listen to your explanation.
However, if you read the law deeper, you will see the erosion of "innocent until proven guilty" that is what I wanted to point out. For example, you drive the car to the party, your partner is not drinking and drive you back home. Within 2 hours, the cop show up, for unknown reason, force you to take a breathalyzer test, you fail. Now you have to prove in court that you did not drive back and was not drinking before arriving at the party! OR, you didn't drink at the party, got home, finish a couple bottle of wine, cop show up, fail the test, now you need to prove you are innocent in court since the cop will not listen to your explanation.
01-16-2019, 03:21 AM
#7
So in Canada, the police can enter your home at any time and force you to take a breathalyzer test?
I always take a cab when go out for a drink or have a designated driver in the group.
However, if you read the law deeper, you will see the erosion of "innocent until proven guilty" that is what I wanted to point out. For example, you drive the car to the party, your partner is not drinking and drive you back home. Within 2 hours, the cop show up, for unknown reason, force you to take a breathalyzer test, you fail. Now you have to prove in court that you did not drive back and was not drinking before arriving at the party! OR, you didn't drink at the party, got home, finish a couple bottle of wine, cop show up, fail the test, now you need to prove you are innocent in court since the cop will not listen to your explanation.
However, if you read the law deeper, you will see the erosion of "innocent until proven guilty" that is what I wanted to point out. For example, you drive the car to the party, your partner is not drinking and drive you back home. Within 2 hours, the cop show up, for unknown reason, force you to take a breathalyzer test, you fail. Now you have to prove in court that you did not drive back and was not drinking before arriving at the party! OR, you didn't drink at the party, got home, finish a couple bottle of wine, cop show up, fail the test, now you need to prove you are innocent in court since the cop will not listen to your explanation.
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01-16-2019, 07:50 AM
#9
Rennlist Member
01-16-2019, 09:41 AM
#10
RL Community Team
Rennlist Member
Rennlist Member
Honestly, I think this is irrelevant ..... as a practical matter. Police will do what they want and declare evidence as they need it. It happened to me. I was at a local bar listening to a band with a friend.... I had a fever... I did not drink a drop. About 1/2 mile from the bar, I was pulled over and given a sobriety test.... cop said I was weaving. How do you weave going 25 mph? He let me go. But I am not amused. They do what they want. Some of them at least.
Peace
Bruce in Philly
Peace
Bruce in Philly
01-16-2019, 06:54 PM
#11
Rennlist Member
Honestly, I think this is irrelevant ..... as a practical matter. Police will do what they want and declare evidence as they need it. It happened to me. I was at a local bar listening to a band with a friend.... I had a fever... I did not drink a drop. About 1/2 mile from the bar, I was pulled over and given a sobriety test.... cop said I was weaving. How do you weave going 25 mph? He let me go. But I am not amused. They do what they want. Some of them at least.
Peace
Bruce in Philly
Peace
Bruce in Philly
01-16-2019, 06:57 PM
#12
Drifting
People run from the cops. They get your license plate number and may even get a pretty good view of the driver. Driver gets away or runs on foot after stopping or wrecking. Cops go to your house and find you there drunk. Now they can test your BAC up to 2 hours after the incident. This is the more likely scenario.
As for pulling you over wihout cause, that’s bull$hit.
As for pulling you over wihout cause, that’s bull$hit.
01-16-2019, 07:09 PM
#13
Rennlist Member
“As for pulling you over wihout cause, that’s bull$hit.”
What a naive statement. In NYS LE will pull you over for any reason or no reason. They just invent something. How about the famous “Your inspection sticker is supposed to be displayed to the left of the registration sticker. Yours are reversed”. And then the road block where everyone is being pulled over for a safety “check”. And they give you the, “where are you coming from?” and “where are you going?” And the poor schlep that says I just had dinner at the local pub. Then they ask about drinks and he’s out of the car in ten seconds getting a sobriety test.
What a naive statement. In NYS LE will pull you over for any reason or no reason. They just invent something. How about the famous “Your inspection sticker is supposed to be displayed to the left of the registration sticker. Yours are reversed”. And then the road block where everyone is being pulled over for a safety “check”. And they give you the, “where are you coming from?” and “where are you going?” And the poor schlep that says I just had dinner at the local pub. Then they ask about drinks and he’s out of the car in ten seconds getting a sobriety test.
01-16-2019, 08:26 PM
#14
Rennlist Member
Why isn't this in OT/PC?
