My brother recently got charged for DUI..he was driving my dads modified 89 Mustang. Now the grounds of the pull over..
He was across Pearson airport ( Derry rd and Airport )..and 2 OPP officers were behind a factory doing paper work, when they HEARD tires squealing (it was my brother making a U-TURN, spun out the back end). They immediately left the factory to see what was causing the noise..prior to them catching up with my brother he was driving perfectly fine..they didn't bother to follow him..just blocked in his car (one in the front and one behind) and pulled him over. They came up to the car and said that's stunt driving etc etc..then followed with if he had been drinking, he also had 4 friends in the car. HE said no, the officers stated in documentation they smelled NO alcohol whats so ever, but ended up giving him a breathalyzer test anyway..he failed..was taken to the station and given another accurate test..he blew only 0.011%..and was charged with DUI not anything else.
My question is..
The officers HEARD tires squealing must have assumed it was him because he was driving a sports car...There were other cars on the road..not many but a few. They did not SEE him..and not bother to follow him to see if he was driving recklessly of any more irate driving.
They pulled him over for "stunt driving" yet he wasn't charged with it?..
Is there any violations/loopholes here??
Thanks in advanced
(he has never been charged with ANYTHING in his life)
Anyway, this is a CRIMINAL CODE offence and is not suitable for this forum. Seek a forum that supports criminal offences and/or contact a lawyer.
this thread is now locked
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca