3 day suspension / roadside A
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 person’s 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 driver’s 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 driver’s licence under this section.
I'm not sure if there is a right tho appeal "after" the suspension.
Hope this helps.
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as far as I know the vehicle needs to be immobilized to be ok with booze around it.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?
Maybe there were blocks under the wheels?
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Viper1
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OPS
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"
use at your own risk"
plus have cooking/sleeping and washroom facilitiesviper1 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
...a lighter/blankie and empty windshield bottle won't cut it either

Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca

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