Random Breath tests

Re: Random Breath tests

Postby GordonH » Jan 10th, 2019, 2:01 pm

I prefer charging drinking drivers & take it via the courts.

It would curious to find out what the conviction rate is on drinking & driving in the US, compared to Canada. If it's higher south of the border, then find out why & do similar here.

BC IRP should only be 1 of many tools to get D&D off our roads, main tool should be going via the courts. So D&D has permanent record that will follow them everywhere they go.

Yes, I want to get D&D off our roads. So that non drinking drivers have 1 less hazard on the roads.
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Random Breath Tests

Postby oldtrucker » Jan 10th, 2019, 2:14 pm

My grandfather was at Vimy, in the front line trenches in WW1. He volunteered for WW2 but didn't see combat in WW2.
Him, and everyone else that suffered appears to have done it for nothing. Police being able to come into your home and ask for a biological / or breath sample. "PAPERS PLEASE".
Remembrance Day is now meaningless.

I'm not going to get into this very deep as I don't think that I have to as most people already see how serious this is. It has nothing to do with impaired driving. A court challenge? Seriously? Please wake up people, this is so, so much bigger.
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Re: Random Breath tests

Postby Fancy » Jan 10th, 2019, 2:18 pm

countmeout wrote:Unsubstantiated: not supported or proven by evidence.

Correct. Stating a police officer makes poor choices based on one incident is not supported without knowing the officer's past record. I would think police officers pulling people over to check for alcohol are not making poor choices.
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Re: Random Breath tests

Postby my5cents » Jan 10th, 2019, 2:21 pm

soupy wrote:https://www.justice.gc.ca/eng/cj-jp/sidl-rlcfa/
This one is perfect !! Thanks you made my point.
Mandatory alcohol screening
Police officers can demand that any lawfully-stopped driver provide a preliminary breath sample to test for alcohol without reasonable suspicion that the driver has alcohol in their body.


So I ask for additional examples of drivers being pulled over unlawfully besides the one who returned empties.

Bottom line. If you aren't drunk behind the wheel you have ZERO concerns.
If you are drunk behind the wheel I hope Police due find you and charge you before you hurt someone. :130:

Don't get to sure of yourself about the term "lawfully-stopped driver", police can pull any vehicle over to check the driver for a driver's license, registration or insurance.

You're correct the term will make a lot of lawyers a lot of money.

I really can't think of an instance where the police could "unlawfully stop a vehicle".

Also don't get to hung up on "drunk" we're talking about in excess of 50 mgs, not impaired driving.

"If you aren't drunk behind the wheel you have ZERO concerns" tell that to the grandfather who was a passenger.
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Re: Breath samples in your house

Postby Carrs Landing Viking » Jan 10th, 2019, 2:24 pm

Over my dead body. :cuss:
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Re: Random Breath tests

Postby soupy » Jan 10th, 2019, 2:34 pm

my5cents wrote:Don't get to sure of yourself about the term "lawfully-stopped driver", police can pull any vehicle over to check the driver for a driver's license, registration or insurance.

You're correct the term will make a lot of lawyers a lot of money.

I really can't think of an instance where the police could "unlawfully stop a vehicle".
See, I believe people are getting hungup and assuming Police will just be pulling over cars left and right just to demand roadside sobriety tests

Also don't get to hung up on "drunk" we're talking about in excess of 50 mgs, not impaired driving.

"If you aren't drunk behind the wheel you have ZERO concerns" tell that to the grandfather who was a passenger.


What passenger grandfather are you speaking of?
Bottom line. Don't drink and drive. Police now how enhanced abilities to test drivers.
I for one am not worried as I am responsible behind the wheel. :smt045
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Re: Random Breath tests

Postby countmeout » Jan 10th, 2019, 2:39 pm

Fancy wrote:
countmeout wrote:Unsubstantiated: not supported or proven by evidence.

Correct. Stating a police officer makes poor choices based on one incident is not supported without knowing the officer's past record. I would think police officers pulling people over to check for alcohol are not making poor choices.


List of poor choices:

Ticket for scratching own face while driving.
https://www.cbc.ca/news/canada/saskatoon/saskatoon-disputes-ticket-finger-only-wiping-face-1.4049629

Pulled over for guessing a distracted driving police officer.
https://globalnews.ca/news/2140443/angry-kelowna-cop-under-investigation/

In the US, guy gets cut off by cop, flips him off and gets a $500 ticket.
https://www.businessinsurance.com/article/20180205/NEWS06/912318972/Indiana-man-sues-after-getting-ticket-for-making-obscene-gesture-at-cop

Any of the incidences above could have ended with the officer issuing an immediate roadside suspension. This would mean no court date just hand over your keys and leave. No ability to challenge the actions in court leaves the person screwed by the system and out a car with numerous fines. It's going to happen all over, police already abuse their powers with less reach.

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Re: Random Breath tests

Postby countmeout » Jan 10th, 2019, 2:41 pm

soupy wrote:What passenger grandfather are you speaking of?
Bottom line. Don't drink and drive. Police now how enhanced abilities to test drivers.
I for one am not worried as I am responsible behind the wheel. :smt045


It won't be you just by unlikely statistics but many people will now be subjected to malicious police activity for commiting simple road gestures or because the police officer doesn't like hot rods, motorcycles, etc.

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Re: Random Breath tests

Postby Fancy » Jan 10th, 2019, 2:42 pm

This is what I said:

I would think police officers pulling people over to check for alcohol are not making poor choices.


Checking for alcohol key point.
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Re: Random Breath tests

Postby countmeout » Jan 10th, 2019, 2:53 pm

Fancy wrote:This is what I said:

I would think police officers pulling people over to check for alcohol are not making poor choices.


Checking for alcohol key point.


Haha, alright buddy! :up:
I get it, can't do no wrong as long as this new legislation controls drinking and driving!

Maybe all new cars in BC should be mandated to have a breathalyzer interlock installed with regular 30 min blow intervals! No issues right? As long as you're sober you have nothing to fear!
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Random Breath Tests

Postby Fancy » Jan 10th, 2019, 2:56 pm

A point regarding this was brought up earlier:

Mandatory Alcohol Screening
Clause 15 (new section 320.27(2)) allows an officer to require a driver to provide a breath sample on an ASD if the officer has an ASD close at hand. Unlike the current framework, this provision does not require that the officer form a reasonable suspicion that the driver has alcohol in his or her body. Reasonable suspicion will still be required where the ASD is not at hand.


https://www.justice.gc.ca/eng/csj-sjc/p ... e/c46.html
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Re: Random Breath Tests

Postby Mordu » Jan 10th, 2019, 3:44 pm

Brother, if a person just has to drink before driving, they can buy a breathalyser to plug into an iPhone for $20 at Best Buy Canada.
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Re: Random Breath tests

Postby Mordu » Jan 10th, 2019, 4:00 pm

Same price for a home drug test kit at Walmart.

But the best thing to do in both cases is grow up and be zero tolerance.

Especially if you have kids, because you never know when there might be an emergency.
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Re: Random Breath tests

Postby The Green Barbarian » Jan 10th, 2019, 4:08 pm

Mordu wrote:Same price for a home drug test kit at Walmart.

But the best thing to do in both cases is grow up and be zero tolerance.



So if you are single you can't even have one beer?
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Re: Random Breath tests

Postby my5cents » Jan 10th, 2019, 4:40 pm

soupy wrote:What passenger grandfather are you speaking of?
Bottom line. Don't drink and drive. Police now how enhanced abilities to test drivers.
I for one am not worried as I am responsible behind the wheel. :smt045


viewtopic.php?f=27&t=80776&start=165#p2433656

A few pages back.

Neither did this grandfather (drink and drive), he was a passenger.

The risk/danger of this new criminal legislation is that in BC once the RSD test has been performed the police don't continue using the Criminal Code, where at least you are innocent until proven guilty. They use the MVA of BC, the Immediate Roadside Prohibition (IRP) legislation they find the driver guilty at the curbside. Prohibitions from 3 days to 90 days, vehicle impoundment up to 30 days. Financially as high as $4000.

If you are going to say, "well if you don't drink and drive you've got nothing to worry about", consider the cops and their decisions that we've heard about.

-> Back and forth over the injured deer
-> Tests the pensioner because he saw him taking 2 doz empty beer bottles and 10 win bottles back to the store
-> (the grandfather) Cop didn't know the law, prohibited the DL for 90 days, seized the car for 30, plus fines etc grandpa did nothing wrong.
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