Question for our Lawyers and Police Officers

[spike98]

Originally posted by Weapon_R
The answer to your question lies in the fact that you are operating a vehicle. Under provincial law, a peace officer may stop and demand documentation from you by virtue of your desire to drive. If you had been on foot, your obligations to the officer are significant less, as are their ability to stop and identify.

That said, I dont think the answer you give at the checkstop ever really matter. I have yet to meet an impaired driver who admits to drinking a half dozen beers at a checkstop to police. During the stop, they are examining your eyes and smelling your breath. A simple "no drinks at all" would have probably had you on your way much quicker.

Isn't admitting to the consumption of alcohol PC to collect a road side sample? The LEO doesn't care how much, the test will determine your sobriety. They care that they have PC to collect a sample which is why they ask.

[95EagleAWD]

Originally posted by spike98


Isn't admitting to the consumption of alcohol PC to collect a road side sample? The LEO doesn't care how much, the test will determine your sobriety. They care that they have PC to collect a sample which is why they ask.

Yes, as well as smelling it.

[Weapon_R]

Originally posted by spike98


Isn't admitting to the consumption of alcohol PC to collect a road side sample? The LEO doesn't care how much, the test will determine your sobriety. They care that they have PC to collect a sample which is why they ask.

Yes that is one element that gives an automatic rise to reasonable suspicion to perform an ASD.

[lasimmon]

Yup after I had to blow a checkstop for saying I had 1 beer - after only having 1 beer - and blowing a .00, my lawyer friend told me to always say you have not had anything to drink.

[shakalaka]

Yes. Admitting to consuming alcohol automatically meets the reasonable suspicion test the police officers are otherwise required to ascertain by looking at various indicia of impairment. Such as smell, demeanour of the person etc.

[Black Gts]

Not drinking related but kinda on topic, driving this afternoon with my boss, grey f150 slams on the brakes in front of us, throws on the lights, walks back to us, my boss rolls down the window wondering what's going officer leans in the truck points at me and tells me to out my seatbelt on, I move my jacket and he sees it's already on apologizes and all is well. It's funny all is good, but I guess related to this thread if we had actually been leaving a pub and smelled a little of beer is that still just cause for a roadside test? I imagine any smell would be but this thread made me curious.

[Rat Fink]

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[OTown]

Originally posted by lasimmon
Yup after I had to blow a checkstop for saying I had 1 beer - after only having 1 beer - and blowing a .00, my lawyer friend told me to always say you have not had anything to drink.

Your lawyer sounds like a dick. If anything he should commend you for not lying to the cops. Good on you.

[FixedGear]

Originally posted by OTown


Your lawyer sounds like a dick. If anything he should commend you for not lying to the cops. Good on you.

Uhh, every lawyer says that. They're not being a dick, just doing their job properly. If you're a suspect in a crime, you shouldn't say anything to the police. The main goal of a cop is to get you go admit guilt.

[OTown]

Originally posted by FixedGear


Uhh, every lawyer says that. They're not being a dick, just doing their job properly. If you're a suspect in a crime, you shouldn't say anything to the police. The main goal of a cop is to get you go admit guilt.

Hes not saying "dont say anything". Hes saying lie to the police about how many drinks you've had.

So that means perjuring yourself? Or obstructing justice? All when you didnt do anything wrong? Yeah right.

Thanks for the advise, Mr. lawyer who only cares about his retainer fee. You just got your client in shit over absolutely nothing.

[suntan]

I've said that I had a glass of wine. They just let me carry on.

One time I rolled down my window, he took one look at me and then just waved me through.

[sexualbanana]

Originally posted by OTown


Hes not saying "dont say anything". Hes saying lie to the police about how many drinks you've had.

So that means perjuring yourself? Or obstructing justice? All when you didnt do anything wrong? Yeah right.

Thanks for the advise, Mr. lawyer who only cares about his retainer fee. You just got your client in shit over absolutely nothing.

You're not perjuring yourself because you're not under oath.

[Black Gts]

Originally posted by OTown


Hes not saying "dont say anything". Hes saying lie to the police about how many drinks you've had.

So that means perjuring yourself? Or obstructing justice? All when you didnt do anything wrong? Yeah right.

Thanks for the advise, Mr. lawyer who only cares about his retainer fee. You just got your client in shit over absolutely nothing.

Lol as iIunderstand it, say no cop decides if you need further evaluation. Say yes cop is obligated to further question or do a test. But it's not like you can have 15 drinks say "no sir nothing for me" and get waived through. But if your sober and cop has no reason for suspicion you get waived through.

[Black Gts]

Always did wonder how dbl posts happen.

[schurchill39]

Were you at Schroh arena or Gemini? Was it RCMP or SCP? Not that it really matters, just curious.

[03ozwhip]

Looks like my joke went over everyone's head. Carry on

[Majestic12]

Originally posted by lasimmon
Yup after I had to blow a checkstop for saying I had 1 beer - after only having 1 beer - and blowing a .00, my lawyer friend told me to always say you have not had anything to drink.

Speaking as a lawyer... if your friend actually said that, he is a dumbass.

[JRSC00LUDE]

Originally posted by Majestic12


Speaking as a lawyer... if your friend actually said that, he is a dumbass.

I'm under the impression that the rule of thumb to follow is you can choose to say nothing but, should you choose to speak it must be the truth or you can risk facing charges/further charges?

[JRSC00LUDE]

Originally posted by 03ozwhip
Ya they can do what they want. Thats based on my experience as a 1st year lawyer.

Originally posted by 03ozwhip
Looks like my joke went over everyone's head. Carry on

I didn't even see it!

Originally posted by schurchill39
Were you at Schroh arena or Gemini? Was it RCMP or SCP? Not that it really matters, just curious.

Jemini and SCP. There's a little connector behind the Esso there that bypasses you back to the main highway, a couple of grids feed into it at two different points.

[spike98]

Originally posted by Majestic12


Speaking as a lawyer... if your friend actually said that, he is a dumbass.

Speaking as not a lawyer, if you are telling your clients to tell police incriminating evidence, you are a dumbass.