ANSWERING QUESTIONS AT A DUI CHECKPOINT
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- Опубликовано: 9 апр 2024
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I was recently pulled over in Squamish British Columbia by RCMP who observed me leaving a pub at 1:00 pm (lunchtime).
After being pulled over the officer approached my driver's window. I stated that I was filming him on my phone.
He had no problem with that at the time.
He of course asked if I had been drinking to which I responded "I don't drink."
I added that I would comply with mandated DUI exam (breathalyzer) but "I will not answer questions without my lawyer present", to which he immediately threatened me with OBSTRUCTION if I didn't comply (obey his authority).
He now became agitated/passive aggressive by way of a bombardment of questions in a failed attempt to trip me up, then proceeded to
threaten me in a violent manner (using speech) to stop recording or he would take (steal property) my phone,
then demanded I exit the safety of my vehicle to finally blow (breathalyzer) which was 0.0 because I don't drink (only went to the pub for a great lunch special).
The officer also failed to give me the incident number upon request (not that I would dare file a complaint on an RCMP officer who's violating my rights to remain silent; protected rights under the Canadian Charter of Rights and Freedoms (the very rights this officer swore an oath to uphold).
This cop (if he wanted to) could have arrested me at anytime without cause or charge, held me in jail for 24 hrs, added any trumped-up charge at will, at which point he would THEN inform me "I have the right to remain silent and speak to a lawyer.
Welcome to Canada folks.
It says "To Protect and Serve" on the side of their police car... it just doesn't say who.
It's just not the same in Canada ...even the JUDGES are on the side of the cops and not the law. Here is one story I have read about Canadian Judges in General.
Say you get stopped walking down the road, you are told you are detained, just so the Officer can keep you there and try to get you to say something that could lead to a charge.
After the cop lets you go, you file a formal complaint saying you were unlawfully detained by a cop. Here is how the Canadian Judges all see this. The Judge will tell you that being unlawfully detained for LESS than 15 minutes is described as being " Inconvenienced", that's all, you were not physically detained, you were verbally told you were not free to go...that does not constitute enough of an unlawful detained to " win your case".
In fact, me saying here that the Judge will say that is wrong, it doesn't even get that far, you file a formal complaint, it goes to the Police Complaints Commissioner's Office, where they review your complaint and simply say " not enough evidence for unlawful detainment" ...you have to have been handcuffed, searched, tossed in a cop car, driven to the station, held overnight and then let go with no charges before the Commissioner will even half ass look at your complaint, and then they will say the same thing, hoping you don't have the time, resources to appeal it where it THEN will be found to be in your favor.
PS: I WISH I had not invested over 10,000 hours in self-taught Canadian Law, the more I read, the more pissed off I became.
@@TYRONE_SHOELACES I agree with you one hundred percent friend
The criminals
If you blow zero on the roadside test, but the officer says you failed the SRST, then you are CHARGED, car towed, impounded, you are taken to the station where you blow zero again ...what happens now? ...DO I have a DUI CHARGE but NO conviction on my record? Am I stuck with hundreds of dollars in charges for towing and storage of my car...how long before I get my car back.
I have a job with a high security clearance with the Canadian Navy. If I am CHARGED with DUI, do I lose my job when the Navy finds out? ...nobody has any answers to these questions ...and I am running out of places to ask.
Any update on the new ability for police in GTA and more areas able to know request everyone stopped take a breathalyzer?
LOL.......Beautifully 'explained'
I hope people realize this is Canada, not America so while we do want to 'assert' our rights, provocation is pointless and will only delay the situation, not avoid it.
Mike, as always, thanks for a great video on a complicated issue. In Ontario, roadside sobriety tests are mandatory (unlike some States where you have the right to refuse). If you exercise your right to remain silent, chances are, most cops are going to pull you out of your car and make you do the tests. Unless someone is obviously drunk, these tests are not reliable. Many sober people just don't do well at them. You may insist on a breath test after a cop arrests you for being "impaired". If he fears you'll blow 0.00 on the roadside machine or the one at the station, can he forego this test and charge you with impaired driving based solely on your poor performance with the roadside tests? (i.e. you were uncooperative and he'll mess up your life and arrest and charge you without giving the opportunity to absolve yourself on a breath machine. It's probably unheard of not to proceed with the roadside breathalyzer but can this happen?
ONE question: ... Can a Canadian police officer make me perform the SRST TWICE or MORE? ....or after performing the test once, I'm free and clear of further tests at the roadside. I know if I'm taken to the Station and told to sit down with a DRE trained officer, he can re-test me ...he performs 12 operations during the DRE test ...one of them being the SRST again.
Mike, i would try and talk my way out. But thankfully i don't drink/drive. I take a taxi. Question: I used to believe signing my name on my drivers license, both gave me legality to drive, but also made me and everybody else with the license tied to the rules/laws of the road. I was surprised to find one day, that people who don't have a driving license can also be charged with the laws regarding driving anything. So whats the point of going through the procedure of getting a license if signing your name to an agreement mean nothing legally?
Thanks
If it’s past midnight and a cop asks you if you’ve had anything to drink tonight, and last you had a drink was before midnight, is that lying technically?
Is he asking if you've drank anything 18 hours into the future? It seems like an issue of semantics which will just aggravate the cop. There really is no good option. If you don't deny then they will almost always send you to secondary where you will be administered a breathalyzer.
1:05 "I can't tell you to lie, as you know as a lawyer I have an ethical obligation to say either remain silent or tell the truth"
2:06 "I can't advise you to lie, obviously many people do and they seem to get away with it"
2:31 "I can't advise you to lie, I'm not doing that, I guess I know what I would do in that particular situation of course and I'll leave it at that"
hmmmmmmmmmmmmmmmmmmmm
Driving over .08, driving while impaired and care / control of a motor vehicle while impaired......
Three charges that, if convicted, will ruin your future.
Take a cab or spend the night at a hotel.
It's cheaper than a lawyer...... no offense.
If everyone choose their right to remain silent at all times, then all of their tricky questioning tactics would be pointless and stop.
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