Government Aiming to Introduce Random Breathalyzer Tests for Impaired Driving
OTTAWA CRIMINAL DEFENCE LAWYER – Impaired Driving and “Over 80” charges are a serious threat and a very big concern for Ontario drivers. But up until now, you have only had to worry about receiving these charges if you have been pulled over for driving erratically or showing signs of drunkenness behind the wheel at a roadside screening station.
Federal Justice Minister Rob Nicholson is planning to change that with new legislation at the provincial and federal levels, which will give police officers the right to conduct breathalyzer tests at random – no erratic driving or drunken behavior necessary.
Canadian news sources are reporting that Minister Nicholson has already met with provincial lawmakers in Alberta and British Columbia. He will, however, need the support of every province before he can attempt to introduce federal laws allowing random roadside breath tests.
Concerns Over Potential Charter Violation: Random Roadside Testing and Impaired Driving Charges
Mothers Against Drunk Driving (MADD) Canada made the news earlier this month by making calls for new Canadian laws that would allow random roadside testing.
As far as criminal defence lawyers are concerned, there is one worrying aspect of these potential new laws: they may be a violation of the Charter of Rights and Freedoms, which forbids unreasonable search.
I have successfully proven, in many cases, that arrests and charges for Impaired Driving were not appropriate – and I have had many of these charges dismissed. Laws that legalize tests at random would only serve to increase the number of unreasonable driving arrests in Ontario.
Have you been charged with Impaired Driving, “Over 80,” or any other criminal driving offence in Ontario? It’s important to speak with a top criminal defence lawyer who can inform you of your rights and help you win your case. For more information, contact the Ottawa criminal defence lawyers at Auger Hollingsworth by email [email protected] or by phone at (613) 699-8192.
