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Forum » Police in Canada can now demand breath samples in bars, at home
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Thread: Police in Canada can now demand breath samples in bars, at home

post 1570841491 01-10-2019, 04:38 PM
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Over here they trying to be able to back calculate an alleged victim of rape's blood alcohol content to see whether they could have been 'too drunk' to consent or not
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post 1570841511 01-10-2019, 04:39 PM
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Originally Posted By ANIMALISTIKZ⏩
Yeah but is the only "Warrant" that they need (not by definition - but by application) to get into your house is a witness to you drinking? If so there are many mediums for entrapment now
This is just it. We don't know the details but generally laws aren't made to be so flimsy that they can be easily picked apart or impossible to enforce...generally. In this case I suspect it's more to try to stop cases like the example I gave above where an actual PROVABLE driving infraction occurred. In that case the excuse that they only started drinking when they got home isn't going to cut it anymore.
post 1570841631 01-10-2019, 04:41 PM
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Originally Posted By JoeDelts⏩
This is just it. We don't know the details but generally laws aren't made to be so flimsy that they can be easily picked apart or impossible to enforce...generally. In this case I suspect it's more to try to stop cases like the example I gave above where an actual PROVABLE driving infraction occurred. In that case the excuse that they only started drinking when they got home isn't going to cut it anymore.
youll see injustice regardless as a result of this new law
post 1570841901 01-10-2019, 04:44 PM
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Something is not being reported correctly. There's no way cops can come into your house and arrest you for "drink driving" if you've been at home for 2 hours drinking and hence are over the limit.
post 1570842101 01-10-2019, 04:47 PM
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Originally Posted By TheJediBrah⏩
Something is not being reported correctly. There's no way cops can come into your house and arrest you for "drink driving" if you've been at home for 2 hours drinking and hence are over the limit.
dunno my friend just finished law school and is from Canada and says its legit
post 1570842641 01-10-2019, 04:53 PM
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Inb4 Canadian teens start using this as a prank on people.
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post 1570843361 01-10-2019, 05:02 PM
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Was talking to a few cop buddies and they were insisting that this is to protect the public. LMFAO like any law in Canada is made for protection of public.

Canada is out to rape anyone who is making decent coin, and give it away to the poor.
post 1570843371 01-10-2019, 05:02 PM
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Originally Posted By TheJediBrah⏩
Something is not being reported correctly. There's no way cops can come into your house and arrest you for "drink driving" if you've been at home for 2 hours drinking and hence are over the limit.
What is being referred to here is S.320.14 C.C., the offence for impaired driving, and in this case through the mechanism of 'over 80'.

It's illegal to be over 80 within two hours after driving, butNOT if you consumed the alcohol after driving, you had no reasonable expectation that you would be required to provide a breath sample, and your BAC is consistent with alcohol consumed post driving. It was introduced in response to a few high profile cases where people had hit and run while drunk, raced home and started pounding alcohol 'to calm myself after the accident' to avoid conviction.

So if you did nothing wrong and had no reason to be suspected, you can legally take shots in your garage after stepping out of your car. Still complete bullsh*t because it puts the onus on the accused to prove he had no reasonable expectation to be breathalyzed within 2 hrs of driving.

In 4 years Liberals have killed the rights to probable cause, fair disclosure in court (C51), and now presumption of innocence.

And the same morons cheering this stuff called Harper the Fascist.
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post 1570844181 01-10-2019, 05:13 PM
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Lol at freak out.

Strong click bait. The word 'could' is doing a lot of heavy lifting in that article.
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post 1570844391 01-10-2019, 05:17 PM
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Originally Posted By SippyCups⏩
Gotta love the Fourth Amendment boys. God damn I love America
Wr have a similar provision under section 8 of the Charter.

This is clearly unconstitutional and will not survive a charter challenge
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post 1570844411 01-10-2019, 05:17 PM
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Originally Posted By KidGogeta⏩
Was talking to a few cop buddies and they were insisting that this is to protect the public. LMFAO like any law in Canada is made for protection of public.

Canada is out to rape anyone who is making decent coin, and give it away to the poor.
well not if you're from another country
post 1570844531 01-10-2019, 05:18 PM
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Originally Posted By phikappa⏩
Bu...bu...but free schools and health care.
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post 1570844721 01-10-2019, 05:22 PM
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Originally Posted By engj⏩
What is being referred to here is S.320.14 C.C., the offence for impaired driving, and in this case through the mechanism of 'over 80'.

It's illegal to be over 80 within two hours after driving, butNOT if you consumed the alcohol after driving, you had no reasonable expectation that you would be required to provide a breath sample, and your BAC is consistent with alcohol consumed post driving. It was introduced in response to a few high profile cases where people had hit and run while drunk, raced home and started pounding alcohol 'to calm myself after the accident' to avoid conviction.

So if you did nothing wrong and had no reason to be suspected, you can legally take shots in your garage after stepping out of your car. Still complete bullsh*t because it puts the onus on the accused to prove he had no reasonable expectation to be breathalyzed within 2 hrs of driving.

In 4 years Liberals have killed the rights to probable cause, fair disclosure in court (C51), and now presumption of innocence.

And the same morons cheering this stuff called Harper the Fascist.
This is the real truth, but the new law still is ridiculous the way that it is interpreted. I got into a debate with a cop about legality and all he could say is they don't write the laws they just enforce them.

I'll wait until the first court case gets thrown out and then basically the stupid law will be null and void.
post 1570845431 01-10-2019, 05:32 PM
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Originally Posted By JoeDelts⏩
Any lawyer would be able to shred a drunk driving charge based on blowing over at home. Someone did tell me a story once about a guy who was driving after drinking and got into an accident. I don't remember the details of the accident (if there was even another car involved or if he just hit a road sign or something) but supposedly he took off and went home and started drinking. The cops came to his house and he answered the door with a drink in his hand and admitted it was him. He told them he was so shaken he had a few drinks to calm his nerves but he was sober when he was driving and they couldn't prove he wasn't. I'd guess this law was meant to prevent people gaming the system like this.
In America yes. And that makes sense, because an officer cannot prove impairment at the time of driving. Canada has a different legal standard though.

Originally Posted By TheJediBrah⏩
Something is not being reported correctly. There's no way cops can come into your house and arrest you for "drink driving" if you've been at home for 2 hours drinking and hence are over the limit.
We probably get anywhere from 15 to 30 calls per day where people call to complain of a vehicle operating recklessly, committing traffic violations, etc. They are so common dispatchers don't even send anyone they just BOLO it out. However some-times people get their panties in bunch and follow that vehicle and stay on the line with 911 until police get there and pull them over. If its to the point where someone follows them 9 times out of 10 it is indeed a drunk driver.


So I'm guessing this law in Canada is for every time someone witnesses a traffic violation or a vehicle operating 'recklessly'. And they either follow them or get the license plate and call the police. Truth be told I don't see how these arrests will be found valid in the Canadian court system. As there is no way to prove impairment while operating the vehicle.





In theory a lawyer would easily be able to win these cases and you've possibly got a lawsuit. But Canucks are kind of cucked by their government ATM so maybe not. Either way you can defeat this by, badumtsss. Not answering your door.
post 1570846181 01-10-2019, 05:40 PM
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They fined a comedian 80k for a joke. Canada is turning into a leftist police state under the guise of diversity and tolerance.
Originally Posted By guest89⏩
Truth be told I don't see how these arrests will be found valid in the Canadian court system. As there is no way to prove impairment while operating the vehicle.

What if they just ignored that part of the law? Their government seems to have more power over their people, they could easily get away with it. What would people do?
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post 1570846921 01-10-2019, 05:52 PM
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cant test my BAC if i run out the back door
post 1570847491 01-10-2019, 05:58 PM
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this country is a big fuking joke. you'd be hard pressed to find a more cucked place than cuckada right now run by the glorious winged ******* cuckdeau

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post 1570847531 01-10-2019, 05:58 PM
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Originally Posted By seanb1979⏩
They fined a comedian 80k for a joke. Canada is turning into a leftist police state under the guise of diversity and tolerance.



What if they just ignored that part of the law? Their government seems to have more power over their people, they could easily get away with it. What would people do?
If their at home don't answer the door. If they are in public they are screwed if they've been driving and having a drink. Truth be told this is going to be used in a manner I described. Erratic or reckless driving. For people that drive like normal its a non-issue.
post 1570847621 01-10-2019, 05:59 PM
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Originally Posted By 92Laner⏩
cant test my BAC if i run out the back door
Or if they are dead. Your call Canada.
post 1570848321 01-10-2019, 06:06 PM
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Originally Posted By guest89⏩
If their at home don't answer the door. If they are in public they are screwed if they've been driving and having a drink. Truth be told this is going to be used in a manner I described. Erratic or reckless driving. For people that drive like normal its a non-issue.
It could be abused if the cop in question has a personal problem with whoever it is. Randomly show up at their home and breathalyze them.
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post 1570849221 01-10-2019, 06:18 PM
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What happens if they don’t answer the door?
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post 1570849301 01-10-2019, 06:19 PM
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Originally Posted By Fit1NYC⏩
What happens if they don’t answer the door?
Then theycouldget in trouble andcouldbe charge andcouldgo to jail and this reallycouldhappen.
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post 1570849481 01-10-2019, 06:20 PM
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honestly, if you have a high BAC at home after driving you should be in trouble for drink driving and not get away with it. Only drink drivers are mad at this
post 1570849611 01-10-2019, 06:22 PM
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OK people .... behave


the change in the law allows a cop to demand a breath sample from anyone pulled over for any reason, unlike before when they had to have reasonable suspicion to request a breath sample. This removes the gray area of why the breath sample was requested, which got some cases thrown out by good lawyers. If you get pulled over for a broken tail light, you can be asked to take a breath sample, and if you refuse, you get a charge equivalent to DUI

I'm OK with this as people who drink and drive are effen ashpoles

the ability to convict someone two hours later, after they have left the vehicle, would be tested in court and fail.
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post 1570850371 01-10-2019, 06:30 PM
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Originally Posted By davik⏩
honestly, if you have a high BAC at home after driving you should be in trouble for drink driving and not get away with it. Only drink drivers are mad at this
what if you had 1 drink at a bar, then decided to pound down 5 more shots after you got home?


i thought California laws were whack (esp with the new AB 1824 law). but this is ludicrous. I'm sure it's not as strict as it seems on paper, but come one. so if you uber home you can still get arrested? gtfo of here
post 1570853251 01-10-2019, 07:09 PM
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OP did you even go to section 253 of the criminal code and read it? smh my head
post 1570853501 01-10-2019, 07:12 PM
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how can she neg... HOW CAN SHE NEG!!! HOW?!
post 1570853811 01-10-2019, 07:17 PM
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Originally Posted By davik⏩
honestly, if you have a high BAC at home after driving you should be in trouble for drink driving and not get away with it. Only drink drivers are mad at this
How about no?

This would imply that the police can come to your house after x amount of time and force you to give them a breath sample. All this without knowing the actual details unless they were driving behind you.

I totally agree that drunk drivers need to be caught, but this is way over the top. Someone in his house should not be subject to this.
how can she neg... HOW CAN SHE NEG!!! HOW?!
post 1570853941 01-10-2019, 07:18 PM
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They can stop you and demand that you give a breath sample. They will do this while you are in your car. Tbh, they always could have done this. All they needed was suspicion and you were forced to blow. Very easy to “make up” suspicion if the cop was a pig.

Never ever will you be made to blow “2 hours after your in your house”. Stop spewing nonsense. They wouldn’t even make you blow 2 mins after you entered your house because you need to have continuity of the person the whole time to prove they haven’t drank anything in between driving and the test.

Your totally reading into this wrong and have no idea how the law works.
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post 1570853981 01-10-2019, 07:18 PM
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Explain this.
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