[QUOTE=fishermccann;1087913]I know his experience was in the past. Now...... They do not need any reason to stop you and ask you to blow into a breathalyzer. They can even come to your house and make you blow, even when your not driving.
Wrong, only if police have reason to believe you have been driving.
Cops can mislead you and outright lie to you but you can not lie to them. Hence the right to remain silent. We lost that right only when police believe you've been driving a vehicle.
I now have dash cams in my truck and ready for the new years laws...lol. I am a law abiding, rule following citizen. Even when the local CO showed up at camp last year I got a fine for a stupid mistake (no lying, full admission of mistake) of leaving out the plug of the trap gun I had used that morning. He was generous and only fined me $100.00, which I promptly paid with great joy. It could have been so worse. He also, gave everyone a warning who did not sign the duck stamp, or who did not have the address wrote on it. 4 people..he was reasonable.
Mark Snow, Leader Of The, Ontario Libertarian Party
saw this story in the Sun this morning....Originally Posted by onelessarrow
A real Case of drunk backyarding
What some people, including the folks at Justice Canada, say can’t occur actually did happen to Lee Anne Lowrie.
She was visiting her sister in Maple Ridge, B.C., this past April. They were having drinks in the backyard when she got a call from the RCMP. They wanted to talk to her.
“I thought something had happened to someone in my family,” Lowrie told the Times-Colonist earlier this year.
There was nothing wrong with her family, the Mounties were there in her sister’s driveway because someone had called in anonymously to say that Lowrie had consumed many drinks at a local bar before getting in her truck and driving away.
It wasn’t true and Lowrie would eventually be acquitted of all claims against her but not before the RCMP used new powers under the Criminal Code to ask her for a breath sample long after she had stopped driving.
The Justice Department is declaring it a myth that police can show up and demand that you provide a breath sample long after you stopped driving. In Lowrie’s case, she had parked her car just after 3:30 p.m. and was being asked to blow into a breathalyzer at 6 p.m. after a few drinks at a family gathering.
“I would say that it is absolutely not a myth, it is something that happened in this case,” defence lawyer Jennifer Teryn told me over the phone from Victoria.
She and her colleague, Jerry Steele, have been working on cases related to drunk driving, including the Trudeau government’s changes that came into effect last December. Teryn says the changes in the law go too far.
[QUOTE=onelessarrow;1087923]So you are not driving but were, hours ago. Proves my point...you do not have to be driving. M.P. I read that as well , again proves my point.
Last edited by fishermccann; July 17th, 2019 at 10:20 AM.
Line 052, yes he was very reasonable, most are, but as people say it only takes one. Maybe it is just me but I do not fear cops or CO's , I welcome them, because I follow the law and have never been, 'railroaded'.....Yet.
Last edited by fishermccann; July 17th, 2019 at 10:19 AM.
[QUOTE=fishermccann;1087930]They have to have a reason to believe you were driving. The phone call that MP references is the reason for suspicion. Geez louiseSo you are not driving but were, hours ago. Proves my point...you do not have to be driving. M.P. I read that as well , again proves my point.
Why the heck would they want to give you a breathalyzer if they did not believe you were driving at some point while impaired ? Proving you were impaired at the time you were driving is a different story. Were driving, hours ago, but not driving then when asked to blow. You must have BEEN driving So no you do NOT have to BE driving when asked to blow, and that is what I said. Posts 64 and 71.
Last edited by fishermccann; July 17th, 2019 at 01:29 PM.
I've had experience with EXCELLENT cops and I've had some experience with guys who should not have a badge ... egotistical, power pumped idiots that should not be in the system, and even know of one that lied in court (judge flipped out and kicked him out of her court)!. I've got friends who are cops that are there to help society and kids ... great guys. But it only takes one idiot, and trust me there's enough of them that we cannot just believe a cop's side of the story automatically ... I'm sure everyone's read enough news about the bad apples. It unfortunately ruins it for the +90% that are good cops.
Last edited by MarkB; July 17th, 2019 at 03:07 PM.
I didn't say you had to be driving at the time, I said they have to have reason to believe you were driving.
The brother in the the op story is charged with impaired and failing to give breathalyzer. They all got to the house within a couple of hours of the police arriving. So that is reason to believe he was driving, allowing them to ask for a breathalyzer. He was bathing the kids at the time police made contact with him.
It's a shyte law and no doubt will be changed once a case makes it to supreme court.
There are some cops out there who are just plain A holes and like to harass people. There is a cop like that in my area and even the other cops don't like him.
As for a breathalyzer you are no considered guilty until proven innocent by law. In fact even according to the Cops (it was in the paper) they recommend you not drink anything until several hours after arriving home and in fact you are actually suppose to have proof of the time you arrived home. So what now take a picture of your car each day after you get home?
"This is about unenforceable registration of weapons that violates the rights of people to own firearms."—Premier Ralph Klein (Alberta)Calgary Herald, 1998 October 9 (November 1, 1942 – March 29, 2013) OFAH Member
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