An unbelievably scary infringement on our civil liberties.

[Jethro Bodine]

https://www.msn.com/en-ca/news/cana...samples-in-bars-at-home/ar-BBS2ir9?li=AAggNb9

Now let me start of by being very clear that I think DWI is a terrible thing and those convicted should be hung by their thumbs in a public square but this is going way too far.

That said we have a right against being unlawfully stopped, questioned, detained and searched by police in this country.
The police being able to pull you over just because they want to, is the type of thing you hear about in dictatorships, communist or lawless nations.
And then to think they can show up on your doorstep 2 hours after you have gotten home and request a sample?

I love Canada but I must admit with all the lunacy thrust upon us in the past 10 - 15 years by the courts, the government and special interest groups I am seriously thinking of relocating in my retirement.

J

 

[take8easy]

SOmeone sent me the link yesterday and I was Fu... rious!!!!!!!!

I mean, ... really? So a mountie can just march into my living room and ask me for a breath sample???

Justin! my friend, look into it or else ................. ! I am going to vote for Stephen Woody Harper.

T8E

 

[steiln]

wow MADD gone mad

 

[Jethro Bodine]

I mean, ... really? So a mountie can just march into my living room and ask me for a breath sample???

I know. What if I were to let them give me the test and I blew below 0.08 but while in my home they happened to notice the stock pile of automatic weapons and cocaine on the kitchen counters?

Seriously...
I don't want to get banned for dispensing legal advice as I am not a lawyer but I heard a radio interview today about this.
The criminal lawyer said that while in theory they can come to your home and demand a sample, you are under no obligation to a) answer the door or b) grant them access to your dwelling if they do not have search warrant.
Again not dispensing advice. Just repeating what I heard.
And again not trying to defend impaired drivers.

J

 

[take8easy]

I know. What if I were to let them give me the test and I blew below 0.08 but while in my home they happened to notice the stock pile of automatic weapons and cocaine on the kitchen counters?

Seriously...
I don't want to get banned for dispensing legal advice as I am not a lawyer but I heard a radio interview today about this.
The criminal lawyer said that while in theory they can come to your home and demand a sample, you are under no obligation to a) answer the door or b) grant them access to your dwelling if they do not have search warrant.
Again not dispensing advice. Just repeating what I heard.
And again not trying to defend impaired drivers.

What if it is a female mountie and she realizes that my wife blows well below par...? Do I get a sympathy blow...

Ok, ok, now that's in a bad taste.. sorry . But there is something about women in uniforms!!!!

 

[sybian]

The law has no legs.
If an officer asked you to blow two hours after your vehicle was reported driving in a questionable manner, they have to prove it was the person giving the sample that was driving.
They also have to prove you didn't have those drinks after you got home....which isn't illegal BTW.
They then have to prove it was in fact your vehicle that was witnessed, which means they need a person willing to testify.
They also need a warrant if you choose to not open your door.
So what they have to go on in most cases is a witness that would prefer to remain anonymous , a citizen that simply refuses to open his front door to police....a vehicle that's engine has already cooled down over two hours of not being run....and a questionable law to enforce, that has some pretty weak legs to stand on.
It'll be struck down within a few months....

" I just let some random dude test drive my truck as he heard I'm putting it up for sale....he must have been swerving to check how tight the steering was....I've been in my house since this morning officer"

 

[Correct]

If they had tested me last night in the jacuzzi, or the other person with me, I would like to know what they could have done about it. We were not completely sober, but my Jacuzzi doesn't have a drink limit as far as I know.

 

[Lets Review]

Maybe they're trying to get past the "Monty the Mountie" defense http://www.vancouversun.com/news/jail+time+former+RCMP+officer+Monty+Robinson+convicted+obstruction/6999826/story.html. which worked many years ago for a kid I knew.
Leave the scene and start pounding drinks. Pay the fine for leaving the scene.

 

[storm rider]

This new law has come up before as a topic on the forum and I will say again what I said then.It is a HUGE violation of civil liberties and a VERY draconian law.Far over reaching and it effectively turns citizens into criminals with regards to being
guilty until proving themselves innocent.Essentially it is the Lieberals version of the long gun registry for impaired driving.

I am a professional driver.I make my living jamming gear and dealing with the idiot drivers that infect the roads.I wont even have a single beer say at the poker room over the course of 4 hours if I have to drive home.

That being said when I finish work and get home I enjoy some beer.If I had a cop knock on my door even 20 minutes after I have gotten home and he damanded a breath sample I would tell him to piss up a rope.

This Charter of Rights breaching law is even fucking worse than the "Islamaphobia" law tabled by the Lieberals.......such good governance huh?.

SR

 

[Sphubby]

I have a friend that is VPD and he actually told me about this 3 weeks ago to give me a heads up. He stated their policy was for now about the same as it was before. They don't have the time or manpower to get every driver to blow when going through a check point and would the same discretion as they had before except they didn't have to prove they had a reasonable suspicion of impairment. Less chance to wiggle out of a conviction on a technicality.

He also said the post driving sobriety test and testing in a public place before you drove home wasn't going to happen. Wasn't worth wasting their time for something that would be struck down if tested in court.

Not trying to downplay the ludicrously of this law but think it will most go the way of bill C36, lots of hype but mostly things stayed the way they were other than its easier for the ladies to call the police when assaulted or robbed.

I hope it stops some scumbag drunk driver from getting out of a justified charge and nothing else. I have a friend of a friend that has been charged for DUI 6 times in the last 3 years. He keeps getting out of it and I wish they would permanently take his license away. He is an alcoholic and shouldn't be driving. He will kill himself of worse someone else someday. You might have a drinking problem when you have a car with a court ordered blow test installed and you buy another identical car so you can switch the plates around so you can go out drinking heavily and drive home. WTF. Only see him once a year but I may be the one making that phone call.

 

[jgg]

God forbid they come to your door and you are having a rum and coke and texting!

 

[80watts]

The Pendulum swings both ways...
The law is meant for the protection and improvement of all people in Canada. Yes there is a Charter of Rights. Maybe you believe its your religious right to kill someone, the law says otherwise. Common sense should prevail. How many times have the police caught a drinker driving, and he got off on a technicality?
1. Go home and have several drinks
2. I need my lawyer present for the breathylzer (oops he is located on the mainland), it will be tomorrow before that happens
3. My car was stolen
4. Hide the evidence or destroy it or wait out the time for alcohol to disappear from blood stream... etc.

What the law prevents now is the drinking driver from getting away with "you didn't have any right to stop me" (when stopped by police) and their drinking conviction gets thrown out because the police didn't have a right to stop the car in the first place.

There was a time when police asked you how many drinks you had. If you said 1, they might of let you go or if they smelled alcohol they threw you in the drunk tank. Now its you get the breathylzer, no matter what (this is to protect themselves).

This new law applies to you driving your car. And the police will need positive proof that you were driving. So beware traffic cams, security cams in drinking establishments etc.

Now the breathylzer, does it detect alcohol? What happens if you are in ketosis, and your breath (bad breath) smells like acetone? Do you blow positive?


What is the law now? What limits can you blow? What are the consequences of blowing over .5 and .8?

 

[Big_Guy_Rye]

Just saying out loud, it is because of our (previous) civil liberties that we wound up in this position. I mean, most of the outrage I've seen on this topic stems from an era where you could get away with drunk driving, or other alcohol relating incidences. The stats go up, insurance premiums skyrocket, battered wives speak up, kids with FAS are numerous and a burden to health care.... and then what happens. We need to regulate. Society searches for a new equilibrium. And "fascism" becomes acceptable, but those who think otherwise couldn't manage themselves beforehand.

Sure, good for you for being a responsible drunk that never hurt anyone, but you're only speaking for yourself. There's an entire sub-culture of drunks who have become a hindrance to society overall and made you look bad.

I don't agree with cops kicking down your door and making you use a breathalyzer in your own house......but you asked for it.

 

[sybian]

Just saying out loud, it is because of our (previous) civil liberties that we wound up in this position. I mean, most of the outrage I've seen on this topic stems from an era where you could get away with drunk driving, or other alcohol relating incidences. The stats go up, insurance premiums skyrocket, battered wives speak up, kids with FAS are numerous and a burden to health care.... and then what happens. We need to regulate. Society searches for a new equilibrium. And "fascism" becomes acceptable, but those who think otherwise couldn't manage themselves beforehand.

Sure, good for you for being a responsible drunk that never hurt anyone, but you're only speaking for yourself. There's an entire sub-culture of drunks who have become a hindrance to society overall and made you look bad.

I don't agree with cops kicking down your door and making you use a breathalyzer in your own house......but you asked for it.

I'm pretty sure I've never asked for it....

 

[Big_Guy_Rye]

The proverbial, royal, generalized, "you".

...and lack of personal responsibility from people does lead to an escalation of stricter law enforcement on that subject. Hence, "asking for it".

 

[sybian]

The proverbial, royal, generalized, "you".

...and lack of personal responsibility from people does lead to an escalation of stricter law enforcement on that subject. Hence, "asking for it".

Alright.....I tend to be personally responsible for my actions...mostly
If I decide to have a glass in my own home, and some cop shows up and demands a breathalyzer test....I guess we will see how that works out.
The funny thing about that statement is.....I know all three cops in my municipality, and have sat at my kitchen table doing shots with every one of them on different occasions.
I must be a damn drunk ,because for the life of me.....I'm not sure how they got home.
My point is my friend.....we All break the law once in awhile, this law is just to give the LE more options to charge if it's deemed necessary....and they have a tough enough job to do already, without some new law with holes in it so big, I could stick my dick through the paper it's written on ...blindfolded.

 

[nightswhisper]

"They who can give up essential Liberty to obtain a little temporary Safety, deserve neither Liberty nor Safety." - B Franklin.

Socialist Police State....

 

[johnnydepth]

Well so who is this really going to effect? The police aren't just randomly showing up at homes, waking people up, and asking for breath samples. These are cases where something has been seen or reported regarding a motor vehicle. I'm not concerned because I'm a one drink guy; two if I'm not driving.
I think mandatory breathalyzers at bars would be a great idea. Even better I think bars should be responsible for breathalyzer tests and should have to stop serving anyone over the limit, period. Put the onus on the business and lay criminal charges against the bar and patron if something happens.
If someone wants to be an alcoholic, surrender your drivers license and stay at home.

 

[clu]

Well so who is this really going to effect? The police aren't just randomly showing up at homes, waking people up, and asking for breath samples. These are cases where something has been seen or reported regarding a motor vehicle. I'm not concerned because I'm a one drink guy; two if I'm not driving.
I think mandatory breathalyzers at bars would be a great idea. Even better I think bars should be responsible for breathalyzer tests and should have to stop serving anyone over the limit, period. Put the onus on the business and lay criminal charges against the bar and patron if something happens.
If someone wants to be an alcoholic, surrender your drivers license and stay at home.

This may come as a shock but not everyone drives.

Also what you're proposing is quasi-prohibition. (a) doesn't work and (b) would tangibly be impinging on freedoms even as you say these loose laws wouldn't.

 

[johnnydepth]

This may come as a shock but not everyone drives.

Also what you're proposing is quasi-prohibition. (a) doesn't work and (b) would tangibly be impinging on freedoms even as you say these loose laws wouldn't.

Lol. Yes I do realize not everyone drives. This "new" law is only relevant for people that drive, really. Public intoxication has always been illegal so no changes there. Many bar owners have been sued and found criminally responsible for serving people over the limit so nothing new there either. The only thing that has changed is the police being able to enter your home with probable cause for driving while intoxicated. If you haven't been driving it shouldn't matter. If you drove home drunk and the police catch you 2 hours later because of this new law good for them, you deserve it. Is it getting too strict? Remember some countries have the dearth penalty for drunk driving.
The only people that should really be worried about this are the alcoholics.