3 day suspension / roadside A

Moderators: Radar Identified, Reflections, admin, hwybear, Decatur, bend

Post Reply
roadhouse
Newbie
Newbie
Posts: 1
Joined: Wed Mar 23, 2011 9:46 pm

3 day suspension / roadside A

by: roadhouse on
Wed Mar 23, 2011 9:51 pm

question for a friend of mine.....says she got a 3 day suspension for giving a A on a roadside. Thing is she wasnt driving. She is a g2 driver and the car was parked in a parking lot, she just ran out to get something and turned the car on. Can a 3 day be issued if you arent driving on a highway - (I've read for impaired it doesnt matter, but 3 day isnt criminal)? And is there any way to fight it?
Top
User avatar
Decatur
Moderator
Moderator
Posts: 728
Joined: Mon Mar 14, 2011 11:31 am

Posting Awards

Moderator

by: Decatur on
Wed Mar 23, 2011 10:32 pm

The officer would have made a roadside demand under section 254(2) of the Criminal Code. 2) Where a peace officer reasonably suspects that a person who is operating a motor vehicle or vessel or operating or assisting in the operation of an aircraft or of railway equipment or who has the care or control of a motor vehicle, vessel or aircraft or of railway equipment, whether it is in motion or not, has alcohol in the person's body, the peace officer may, by demand made to that person, require the person to provide forthwith such a sample of breath as in the opinion of the peace officer is necessary to enable a proper analysis of the breath to be made by means of an approved screening device and, where necessary, to accompany the peace officer for the purpose of enabling such a sample of breath to be taken.

This demand can be made anywhere, including private property and off a highway.

After blowing a "warn" section 48(2) of the HTA kicks in 48(2) Where, upon demand of a police officer made under section 254 of the Criminal Code (Canada), the driver of a motor vehicle or the operator of a vessel provides a sample of breath which, on analysis by an approved screening device as defined in that section, registers "Warn" or "Alert" or otherwise indicates that the concentration of alcohol in the persons blood is 50 milligrams or more of alcohol in 100 millilitres of blood, the police officer may request that the person surrender his or her drivers licence.

Driver is defined under section 48 as:"driver" includes a person who has care or control of a motor vehicle;

As for appealing the 3-day suspension, Section 48(9) states: (9) There is no appeal from, or right to be heard before, the suspension of a drivers licence under this section.

I'm not sure if there is a right tho appeal "after" the suspension.

Hope this helps.
Top
viper1
Sr. Member
Sr. Member
Posts: 502
Joined: Mon Oct 20, 2008 11:31 pm

by: viper1 on
Thu Mar 24, 2011 10:49 pm

roadhouse wrote:question for a friend of mine.....says she got a 3 day suspension for giving a A on a roadside. Thing is she wasnt driving. She is a g2 driver and the car was parked in a parking lot, she just ran out to get something and turned the car on. Can a 3 day be issued if you arent driving on a highway - (I've read for impaired it doesnt matter, but 3 day isnt criminal)? And is there any way to fight it?
as far as I know the vehicle needs to be immobilized to be ok with booze around it.
Maybe there were blocks under the wheels?

Cheers
Viper1
"hang onto your chair when reading my posts
use at your own risk"
Top
viper1
Sr. Member
Sr. Member
Posts: 502
Joined: Mon Oct 20, 2008 11:31 pm

by: viper1 on
Thu Mar 24, 2011 11:58 pm

OPS Copper wrote:maybe it is the police in me but if she was just going to get something why did she turn it on?

OPS

blond moment maybe.


Cheers
Viper1
"hang onto your chair when reading my posts
use at your own risk"
Top
User avatar
hwybear
Moderator
Moderator
Posts: 2933
Joined: Tue Apr 22, 2008 7:21 am
Location: In YOUR rearview mirror!

Moderator

by: hwybear on
Fri Mar 25, 2011 7:08 am

viper1 wrote:as far as I know the vehicle needs to be immobilized to be ok with booze around it.
Maybe there were blocks under the wheels?
Cheers
Viper1
plus have cooking/sleeping and washroom facilities
...a lighter/blankie and empty windshield bottle won't cut it either :lol:
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
Top
Stanton
High Authority
High Authority
Posts: 2111
Joined: Tue Feb 01, 2011 8:49 pm
Location: Ontario

Posting Awards

by: Stanton on
Fri Mar 25, 2011 7:37 pm

Another fun fact if you decide to drink in a car, it gives the police full authority to search you, your vehicle and any other occupants thanks to the liquor license act. So make sure you get rid of any illegal drugs, weapons, dead bodies, etc. before cracking a cold one open. ;)
Top
Post Reply
  • Similar Topics

Return to “General Talk”

Who is online

Users browsing this forum: No registered users and 11 guests