Random Breath tests

Re: Random Breath tests

Postby countmeout » Jan 15th, 2019, 10:47 am

RVThereYet wrote:Also would be interesting to know if the vehicle was a government car, like CoK or IH? Employee drives car home and gets a 30 or 90 day IPR suspension. Would that car get released back to the government employer prior to the end of the impound?


I'd bet it would be released within the hour. At the very least all the fees waived otherwise who pays for this idiot city worker with the IRP, taxpayers?
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Re: Random Breath tests

Postby my5cents » Jan 15th, 2019, 12:02 pm

countmeout wrote:Our government would rather we don't share cars for fear of these issues.

Insurance should be taken out per person, not per vehicle.


That's apparently exactly what ICBC is implementing. Each driver is insured to drive the vehicle they drive

countmeout wrote:This would then suspend the driver in the case of a roadside suspension

The way the IRP works right now. The driver is prohibited for the period of time allotted. But in addition his/her license is CANCELLED. Before the person can drive again, they have to paid their fines, renewal fees etc and then only get a two year DL (for the price of a 5 year)

countmeout wrote:and the owner of the vehicle could go and pick up the car without it being impounded on the promise that they will not lend it to said friend again for what the length of the impoundment would be.

The current way this is set up helps police people off the road by not allowing access to cars. It is the government's lazy way of getting us to do the work or pay huge consequences.


Yes, if someone is driving a friend's vehicle, it's pretty harsh. The driver will have to somehow make restitution to the friend, but all the previous laws haven't done enough.

Makes the service guy driving the company service truck home every day, perhaps think twice before he drops in for a "cool one" (or two or three or...….)
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Re: Random Breath tests

Postby lesliepaul » Jan 15th, 2019, 12:17 pm

The person (Liberal MP) responsible for bringing this "rights removing" law was none other than B.C.'s own Jody Wilson-Raybould, a self professed native "activist, raised by "activists" was REMOVED from her Justice Minister appointment. When you read the story about this bitter "activist", it appears her removal from Justice Minister could not have come fast enough...…."hard to get along with"...…"hard to deal with"...…."dismissive"...…"quick to leap to confrontation"...……."has left a mess that the courts are going to have to clean up".

Hey Steven (I'm a pilot) Fuhr………...have anything to add...…..your own thoughts on this maybe...……….didn't think so. Just sit back and wait for further "marching orders" as you have done your whole life.
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Re: Random Breath tests

Postby soupy » Jan 16th, 2019, 1:57 pm

https://www.castanet.net/edition/news-story-246931-21-.htm#246931

So all you scared people can breathe a little easier.
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Re: Random Breath tests

Postby sixxonesixx » Jan 16th, 2019, 3:34 pm

Comedy for the day...
lol.... as far as police coming to your door and asking for a breath sample.... just keep watching tv and don't answer the door. Nothing they can do - nothing - except come back later : ) . This law won't last long but stopping you for no reason law may stay. Canada is becoming more of a centralized system. Possibly, our prime minister's mom spent too much time in Cuba? Many Cubans believe this to be true.
https://www.bing.com/images/search?view ... ajaxhist=0
Does anyone else notice any similarities?
Toasting Maggie and Fidel now.
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Re: Random Breath tests

Postby Mark5 » Jan 16th, 2019, 7:46 pm

I am wondering if this new law is really a way to randomly stop drivers who are in the midst of committing other crimes as well.
Especially when it comes to gangs and guns in the bigger cities. Most motor vehicles are used responsibly and for doing lawful things. But there are those people who use them to commit homicide, suicide, sexual assault, kidnappings, drive by shootings, the transportation of illicit goods, driving while impaired causing death, driving without license and/or insurance, etc.
Perhaps this is what is needed to try and get a handle on such nefarious activities.
It is rather troubling that the police can do this but perhaps if they are conservative in their approach and use it wisely, it might help stop a lot of crime. It may put the police officers lives at more risk though if they are stopping armed gang members for instance.
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Re: Random Breath tests

Postby countmeout » Jan 16th, 2019, 8:05 pm

soupy wrote:https://www.castanet.net/edition/news-story-246931-21-.htm#246931

So all you scared people can breathe a little easier.


It's a good news story, I believe this guy and I hope he stays true to those words. I also see this as a feel good story and people will still have cars impounded that shouldn't be.

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Re: Random Breath tests

Postby OKkayak » Jan 16th, 2019, 10:08 pm


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Re: Random Breath tests

Postby soupy » Jan 17th, 2019, 7:18 am

Mark5 wrote:I am wondering if this new law is really a way to randomly stop drivers who are in the midst of committing other crimes as well.
Especially when it comes to gangs and guns in the bigger cities. Most motor vehicles are used responsibly and for doing lawful things. But there are those people who use them to commit homicide, suicide, sexual assault, kidnappings, drive by shootings, the transportation of illicit goods, driving while impaired causing death, driving without license and/or insurance, etc.
Perhaps this is what is needed to try and get a handle on such nefarious activities.
It is rather troubling that the police can do this but perhaps if they are conservative in their approach and use it wisely, it might help stop a lot of crime. It may put the police officers lives at more risk though if they are stopping armed gang members for instance.


Correct me if I am wrong. But where in this new law does it give the right to randomly stop drivers?
It does give them the right to request a breath sample without having to prove reasonable suspicion.

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Re: Random Breath tests

Postby my5cents » Jan 17th, 2019, 11:33 am

soupy wrote:Correct me if I am wrong. But where in this new law does it give the right to randomly stop drivers?
It does give them the right to request a breath sample without having to prove reasonable suspicion.


You are correct soupy, although I would have probably used the word "demand" instead of "request.

The police must have stopped the vehicle lawfully. After that, it's on to the screening test, without any grounds.

The test for demanding the screening test is that the driver was "lawfully stopped". Whatever that means.

Is it just me or does it appear that the law makers intentionally word laws vague enough that it will generate millions of dollars in legal fees throughout Canada to define "lawfully stopped" ?

One explanation I read is: “in the course of the lawful exercise of powers under an Act of Parliament or an Act of a provincial legislature or arising at common law.”
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Re: Random Breath tests

Postby dirtybiker » Jan 17th, 2019, 12:20 pm

^^^And that is why several people can read the same paragraph and come up
with several different interpretations of it's intent.
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Re: Random Breath tests

Postby countmeout » Jan 17th, 2019, 12:34 pm

my5cents wrote:
soupy wrote:Correct me if I am wrong. But where in this new law does it give the right to randomly stop drivers?
It does give them the right to request a breath sample without having to prove reasonable suspicion.


You are correct soupy, although I would have probably used the word "demand" instead of "request.

The police must have stopped the vehicle lawfully. After that, it's on to the screening test, without any grounds.


A road block is a legal way to stop cars. To be pulled over at a traffic stop doesn't imply the driver has done anything wrong.

The police don't need a reason to pull you over, all they have to say is they wanted to verify your insurance. After pulled over they can issue an IRP and not much can be done. 90% of cops won't do this but there is always over zealous ones. This law put forth by government puts all the power to one person which is wrong.
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Re: Random Breath tests

Postby soupy » Jan 17th, 2019, 12:44 pm

countmeout wrote:A road block is a legal way to stop cars. To be pulled over at a traffic stop doesn't imply the driver has done anything wrong.

The police don't need a reason to pull you over, all they have to say is they wanted to verify your insurance. After pulled over they can issue an IRP and not much can be done. 90% of cops won't do this but there is always over zealous ones. This law put forth by government puts all the power to one person which is wrong.


Is this factual? (Actually curious as I have never heard of police pulling someone over just to verify insurance)
Apart from if their tag on the plate was expired / missing.
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Re: Random Breath tests

Postby countmeout » Jan 17th, 2019, 2:28 pm

soupy wrote:Is this factual? (Actually curious as I have never heard of police pulling someone over just to verify insurance)
Apart from if their tag on the plate was expired / missing.


Unfortunately I cannot find a better article but this one outlines that they can pull you over for no reason. The courts voted on it and didn't see aby violation to the charter.

https://www.theglobeandmail.com/globe-drive/culture/commuting/can-police-legally-pull-me-over-to-check-my-truck-and-trailer/article29583815/
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Re: Random Breath tests

Postby my5cents » Jan 18th, 2019, 9:20 am

countmeout wrote:A road block is a legal way to stop cars. To be pulled over at a traffic stop doesn't imply the driver has done anything wrong.

The police don't need a reason to pull you over, all they have to say is they wanted to verify your insurance. After pulled over they can issue an IRP and not much can be done. 90% of cops won't do this but there is always over zealous ones. This law put forth by government puts all the power to one person which is wrong.


You jumped a couple of steps there countmeout. After being pulled over, they can demand a screening test, and if the results are a "warn" or "fail", then the IRP.

soupy wrote:Is this factual? (Actually curious as I have never heard of police pulling someone over just to verify insurance)
Apart from if their tag on the plate was expired / missing.


Of course.
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