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Am I required to roll down my window all the way at a DUI checkpoint?
I rolled up to a DUI checkpoint and rolled down my window 2 inches which is more than enough to hand over insurance, registration, and license but was told "You need to roll your window down all the way" by a New Westminister police officer.
I'm aware that an officer may stop a motor vehicle and ask for proper insurance, registration, and driver's license for any reason. It doesn't state in the Motor Vehicle Act of BC anything about rolling the window down a certain height or rolling down the window at all.
The Supreme Court has said that...yes, an impaired driving checkpoint infringes your charter rights....BUT, because of the seriousness of impaired driving, it IS OK to require your co-operation. Police are permitted to check for that...they can also check to see thaat your vehicle meets the mechanical and safety standards of the MV Act & Regs. One of the requirements is that your drivers' window be able to be fully rolled down. The MVA also requires you to hand your DL & Reg to the Poilice and answer questions about this information. If you refuse to co-operate you will likely face further, detailed scrutiny. Drunks don't want to lower the window because Cops can smell the booze or the pot. That would be a starting point.
Your an idiot, just like those idiots on YouTube that drive around and try to make a point out of this.
There not doing anything to "infringe" on your rights, they are ASKING you to roll down your window. In refusing to do so you are seen as suspicious and then you open a can of worms on the things that they are allowed to do. So if you really want to make there job harder they will make your life harder, and rightfully so.
Please record the next interaction with the police like this.
We would love to see how to protect our rights and freedoms.
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Originally Posted by jasonturbo
Too bad it isn't about flipping cars to lose money, I'm really good at that.
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Originally Posted by SkunkWorks
This wouldn't happen if you didn't drive a peasant car like an Audi...
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[14-05, 14:59] FastAnna You tiny bra wearing, gigantic son of a bitch
[15-05, 10:35] FastAnna Yeah I was dreaming of those big titties in that tiny bra
When I worked at McDonald's, one of the things I hated the most were people who would roll down the window like 2" to hand the money to me.
I would have to be halfway out the window with the window sill pressing against my stomach to reach out to get the money. It was uncomfortable and inconsiderate of the driver.
After a while, I just realized, if these inconsiderate dicks don't want to open the windows all the way so they can stick their arm straight out to hand me their money, I would just stand there and tell them to open the window and if they won't, I'll just stand there and let them decide if it was worth it to not open their window or not.
Like seriously, why don't you open your window. I always find that the way you act when an officer first interacts with you will in some way impact the way he responds to you.
All my roadside interactions with police were polite and respectful. I always opened my window fully and had my hands on the wheel so they can see I'm not holding anything.
Mind you, my sample size was 2 times. One time I got a warning for speeding and the other time, I got a ticket for tinted windows, but called up the officer the next day and he and his supervisor looked at my car and determined he had made a mistake and was very apologetic.
they can also check to see thaat your vehicle meets the mechanical and safety standards of the MV Act & Regs. One of the requirements is that your drivers' window be able to be fully rolled down. The MVA also requires you to hand your DL & Reg to the Poilice and answer questions about this information.
Always an answer and a way around everything. This isn't a knock at you Zulu please don't take it as such. I've experienced many Loop Holes in regards to traffic stops over the years. This is just another one.
"Sorry we know your rights are being infringed upon and technically we aren't allowed to ask you things like "Where were you, Where are you going" but we just got a call about a "suspect" driving a car just like this one sooo..... Where were you coming from and where are you going sir?"
So if OP rolls up, Rolls window down all the way, then back up to one inch demonstrating the ability of the window, what would be the next "reason" that violates rights? Just curious.
Just to state I was one of the guys who used to make every stop as dickhead as possible. Looking back, it probably wasn't the smartest move and probably would have saved me a few tickets lmao however playing the Theme Song from Cops on my Stereo every time a cop got out of his/her car was one my favorites and often times even the officer laughed.
The first 10 seconds of the song are perfect when they get out and started walking up hahah
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"Can you match my resolve? If so then you will succeed. I believe that the human spirit is indomitable. If you endeavour to achieve, it will happen given enough resolve." -- Monty Oum
__________________
"Can you match my resolve? If so then you will succeed. I believe that the human spirit is indomitable. If you endeavour to achieve, it will happen given enough resolve." -- Monty Oum
Officer "You took that corner a little fast didn't you?"
Me "What's the speed limit?"
Officer "60km/hr"
Me "I wasn't over the speed limit."
Officer "I guess you're right"
Gives me ticket for loud exhaust. FML Classic case of me being a smart ass. Had I said "Sorry sir your right, I'll be more careful in the future." I'm sure I could have driven away clear. You get what you give folks.
The Supreme Court has said that...yes, an impaired driving checkpoint infringes your charter rights....BUT, because of the seriousness of impaired driving, it IS OK to require your co-operation. Police are permitted to check for that...they can also check to see thaat your vehicle meets the mechanical and safety standards of the MV Act & Regs. One of the requirements is that your drivers' window be able to be fully rolled down. The MVA also requires you to hand your DL & Reg to the Poilice and answer questions about this information. If you refuse to co-operate you will likely face further, detailed scrutiny. Drunks don't want to lower the window because Cops can smell the booze or the pot. That would be a starting point.
Mostly true.
The only two questions you must correctly answer are "what is your name?" and "what is your address?".
To further the idea of remaining silent, I've made a handy reference chart:
Every single question and interaction with the police puts you at risk of being charged with an offence. Cooperation (beyond the legally required minimal level) never helps your case and can only harm it. Rules of Evidence A.2. Hearsay. Everything you tell the police, as the saying goes, can and will be used against you but it cannot be used for you.
A defence attorney talking to a police officer on the stand cannot ask "officer, would you tell the Court what the accused told you, because what the accused told you was actually good for my case."
If the defence tries that at trial, the Crown will object that it's hearsay; the judge will agree. The police will not be allowed, at you request, to tell the Court what the accused told him, no matter how good it may be for the accused's case.
Only one time have I been held at a roadblock for an extended period of time for refusing to answer questions. Every other interaction has been a 5-10 minute affair. Talk at me for 5 minutes, take licence and rego, go to cruiser, run my info, come back a few minutes later, instruct me to move on.
just curious OP: why don't you roll it down all the way?
i mean, if you have nothing to hide rolling down your window all the way should be the least of your worries.
Seeing OP have not replied to this yet, it's safe to assume that the reason why he didn't roll his window down all the way is because it was too cold. OP likes to keep his cabin toasty.
In other news I went through a road block on the north end of the 2nd narrows yesterday at about 10PM.
Rolled down my window fully, answered literally one question ("had anything to drink tonight?"), and I was on my way. I barely even came to a full stop, didn't even turn off my radio.
But you stupid fucks can continue to assert your rights, and not roll down your window. Cause you just make the rest of us with nothing to hide, look like angels to police officers.
Your an idiot, just like those idiots on YouTube that drive around and try to make a point out of this.
There not doing anything to "infringe" on your rights, they are ASKING you to roll down your window. In refusing to do so you are seen as suspicious and then you open a can of worms on the things that they are allowed to do. So if you really want to make there job harder they will make your life harder, and rightfully so.
Seeing OP have not replied to this yet, it's safe to assume that the reason why he didn't roll his window down all the way is because it was too cold. OP likes to keep his cabin toasty.
There was a Readers Digest article many years ago, written by a CBSA border guard at the Douglas crossing, with some great stories of the shit people would try to pull.
He said one of his pet peeves was in the winter, people would roll up and just crack the window open with the heat blasting (and often the radio as well). He got sick of trying to shout back and forth with them, so right off the bat, he'd just start silently mouthing the words... and invariably they'd turn off the heat and radio and roll the window all the way down.
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Originally Posted by Godzira
Does anyone know how many to a signature?
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Originally Posted by Brianrietta
Not a sebberry post goes by where I don't frown and think to myself "so..?"
Mostly true.
The only two questions you must correctly answer are "what is your name?" and "what is your address?".
To further the idea of remaining silent, I've made a handy reference chart:
Every single question and interaction with the police puts you at risk of being charged with an offence. Cooperation (beyond the legally required minimal level) never helps your case and can only harm it. Rules of Evidence A.2. Hearsay. Everything you tell the police, as the saying goes, can and will be used against you but it cannot be used for you.
A defence attorney talking to a police officer on the stand cannot ask "officer, would you tell the Court what the accused told you, because what the accused told you was actually good for my case."
If the defence tries that at trial, the Crown will object that it's hearsay; the judge will agree. The police will not be allowed, at you request, to tell the Court what the accused told him, no matter how good it may be for the accused's case.
Only one time have I been held at a roadblock for an extended period of time for refusing to answer questions. Every other interaction has been a 5-10 minute affair. Talk at me for 5 minutes, take licence and rego, go to cruiser, run my info, come back a few minutes later, instruct me to move on.
You are currently viewing our boards as a guest which gives you limited access to view most discussions and access our other features. By joining our free community you will have access to post topics, communicate privately with other members (PM), respond to polls, upload content and access many other special features. Registration is fast, simple and absolutely free so please, join our community today!
The banners on the left side and below do not show for registered users!
