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Old 05-04-2024, 10:37 AM   #3971
Ped
First Line Centre
 
Join Date: Jan 2012
Location: Ontario
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Not any driver in the GTA, anyone in the GTA stopped by the OPP, who are the provincial police force and generally patrol provincial highways such as the 400-series and the QEW. Right now it's just them, but for justification they are using the Canada Mandatory Alcohol Screening, which allows police to demand a breath test from any driver even if there is no suspicion. If they are sucessful, they will look at the rest of the province. Whether other provinces follow suit probably depends on how this goes.


Quote:
But as prominent DUI attorney Calvin Barry told CityNews in an interview Thursday, police have long held the right to demand breathalyzers without suspicion of impairment, but are only now wielding those powers on Ontario roadways.
“There was a legislative change about seven years ago,” Barry said. “The reason why the Liberals did all of this is because of all the carnage on the road, and stuff like the Marco Muzzo case didn’t help,” he added, referring to the infamous convicted drunk driver who killed three children and their grandfather in a September 2015 collision in Vaughan, Ont.
“Reasonable suspicion was taken out of the code, but police, for discretionary reasons, decided to still ask, still pull you over and say, ‘Hey sir, have you been drinking?’ or ‘Hey ma’am, have you been drinking, I smell some alcohol?’ They’d stick their head inside the window. But in reality, the reasonable suspicion was taken away by that amendment, it’s just that now they are starting to invoke it.”

Quote:
Barry, who successfully defended former Toronto Maple Leaf Rick Vaive on an impaired driving charge more than a decade ago, thinks some may try and challenge their charges in court if they’re nabbed during a mandatory screening, but he doesn’t think they’ll have much luck.
“I think that we will lose (a legal challenge) on the basis that it’s constitutionally sound and these cases at the Supreme Court of Canada and Ontario Court of Appeal, always seem to side in favour of the victim and the public because everybody has had it (with drunk driving),” he said.
He also advises people against refusing to provide a breath sample during a traffic stop, saying it’s basically an admission of guilt in the eyes of the law.
“Refusing is not the way to go,” he said, noting that DUI cases are often tossed on technicalities and issues with the breathalyzer machines or their technicians.

https://toronto.citynews.ca/2024/05/...nt-dui-lawyer/
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