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Old 11-23-2011, 04:20 PM   #165
Hilch
Scoring Winger
 
Join Date: Jan 2010
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Quote:
Originally Posted by MarchHare View Post
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.
Driving is a privilege, not a right. If you get your license taken away then you can't drive the car so it will be towed.
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