3 day suspension / roadside A

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roadhouse
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3 day suspension / roadside A

Unread post by roadhouse on

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?


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Decatur
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Unread post by Decatur on

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 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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Simon Borys
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Unread post by Simon Borys on

There is no right to appeal (s. 48(9) of the HTA)
http://www.boryslaw.ca
NOTHING I SAY ON HERE IS LEGAL ADVICE.


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Unread post by viper1 on

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?

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OPS Copper
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Unread post by OPS Copper on

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

OPS


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Unread post by viper1 on

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.


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hwybear
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Unread post by hwybear on

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?
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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


Stanton
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Unread post by Stanton on

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. ;)






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