Are Police Allowed To Do Breathalyzer Whenever They Want Now During Traffic Stops For Speeding?
I was in PEC driving through the country side around 100km/hr and was pulled over by OPP (he was going opposite direction and whipped around a U-turn in the middle of traffic) for speeding and the told me he is giving the breathalyzer to everyone he pulls over. He told me this after he went back to his car and ran my license, he likely saw that I was charged with assaulting an OPP officer a couple years ago and that's what made him do it. Is this legal? I saw that in the GTA region they are doing mandatory breathalyzer but can this guy just decide to do it on his own? Secondly, am I able to obtain bodycam footage for my disclosure? I would like to question him in court how many traffic stops he made that day, how many tickets did he issue and how many breathalyzers did he conduct. I know normally you are only able to obtain disclosure directly related to your incident but I'd like to go this extra step.
Thanks for any help provided.
Re: Are Police Allowed To Do Breathalyzer Whenever They Want Now During Traffic Stops For Speeding?
anyone?
Re: Are Police Allowed To Do Breathalyzer Whenever They Want Now During Traffic Stops For Speeding?
This can get confusing because I think a lot of people watch YouTube videos from the USA and assume probable cause is an element for a traffic stop in Ontario.
It isn't.
Police in Ontario can stop any vehicle at any time to check for:
* License, registration, insurance.
* Fitness of vehicle
* Sobriety, which since 2018, now includes a breath test.
They do not need a reason to do so and can be done at random.
What the officer did was completely legitimate.
Long story short, the courts have ruled that driving is a privilege, not a right, and that these are issues of public safety.
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