Calgarypuck Forums - The Unofficial Calgary Flames Fan Community - View Single Post - Driving under the legal limit? Doesn't matter, your vehicle is impounded anyway.

MarchHare · 11-23-2011, 03:37 PM

The more I think about this, I don't see how this law could survive a Charter challenge (caveat: IANAL).

Impounding your vehicle when you're below the legal limit could be deemed a violation of article 8 (no unreasonable search or seizure). Immediately suspending your license and impounding your vehicle could also be seen as a violation of section 11 (right to be presumed innocent until guilt is determined by a court of law), especially since roadside breathalyzers are so unreliable that they are not permitted to be used as evidence in court.

11-23-2011, 03:37 PM	#161
MarchHare Franchise Player Join Date: May 2004 Location: YSJ (1979-2002) -> YYC (2002-2022) -> YVR (2022-present) Exp:	The more I think about this, I don't see how this law could survive a Charter challenge (caveat: IANAL). Impounding your vehicle when you're below the legal limit could be deemed a violation of article 8 (no unreasonable search or seizure). Immediately suspending your license and impounding your vehicle could also be seen as a violation of section 11 (right to be presumed innocent until guilt is determined by a court of law), especially since roadside breathalyzers are so unreliable that they are not permitted to be used as evidence in court.