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Questions & info about the Motor Vehicle Act. Mature discussion only.

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Old 09-01-2013, 05:32 PM   #26
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The supreme court decided years ago that roadside checks for impaired drivers were an infringement on your charter rights....BUT were justifiable, due to the severe consequences of the crashes caused by impaired drivers.
Yet despite that, road checks are still often used to look for other less severe violations.


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In many US States and in other countries like Australia, you must agree to random breath testing as a condition for getting your DL. I have been stopped several times and given roadside tests...and I do not drink at all. Takes a few minutes and I'm on my way.
Thankfully we live in Canada.
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Old 09-01-2013, 06:01 PM   #27
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Yet despite that, road checks are still often used to look for other less severe violations.
Wow, took you long enough to chime in on this.

How about: Road checks also catch other less severe violations that an officer happens to notice while stopping a cars for sobriety checks?

Or if a cop is pulling someone over to check if they've been drinking, should they just ignore it when they see things like lights not working, bald tires, kids not properly in car seats, and other "less severe" but still safety-related violations?
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Old 09-02-2013, 11:43 PM   #28
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[QUOTE=sebberry;8311759]Yet despite that, road checks are still often used to look for other less severe violations.


So then the Police observe evidence of other illegal/criminal activity so they must let you go because they were looking for impaired drivers? Sorry for detaining you sir...I cannot seize that illegal weapon/stolen property/kidnapped child because I initially stopped you see if you were impaired? Two words for you....Timothy Mc Veigh. He was caught in a traffic stop when being checked for something other than the Oklahoma bombing.

Police have the authority and the duty to check to make sure drivers are not impaired by drug or alcohol...or even stuff like sleep deprivation, legal medications etc. I have stopped drivers displaying symptoms of drug/alcohol impairment, only to find these latter reasons for their driving....and how about the biggest form of impairment these days...distracted driving? Everyone here has seen many drivers they thought were DWI, only to see them on the phone or texting.

If, when in the process of investigating one crime or possible crime, Police discover another then it would be rediculous to suggest they should/must ignore the offences they come across. Impaired driving checkpoints are there primarily to get impaired drivers off the road and I'm sure many RS'ers who went thru one, got off for some other unrelated infraction as that would have taken them away from their primary task.

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Old 09-10-2013, 12:13 AM   #29
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I was asked once, at a roadblock, at like 10pm, "Have you had anything to drink tonight?" I said "No sir."

I was pretty exhausted at that point, I had a loooong day, I probably looked drunk, even though I was just dead tired, and he asked to blow a breathalizer anyways, and I blew something minimal like 0.001.

The officer asked me why I lied. I said: "I didn't lie. You asked me if I had anything to drink TONIGHT. I didn't drink anything TONIGHT. I had a few beers earlier IN THE DAY. Besides, I'm clearly not impaired."

He told me to "get lost smartass"

LOL.
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Old 09-10-2013, 06:47 AM   #30
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I was asked once, at a roadblock, at like 10pm, "Have you had anything to drink tonight?" I said "No sir."

I was pretty exhausted at that point, I had a loooong day, I probably looked drunk, even though I was just dead tired, and he asked to blow a breathalizer anyways, and I blew something minimal like 0.001.

The officer asked me why I lied. I said: "I didn't lie. You asked me if I had anything to drink TONIGHT. I didn't drink anything TONIGHT. I had a few beers earlier IN THE DAY. Besides, I'm clearly not impaired."

He told me to "get lost smartass"

LOL.

You mean he didn't order you to do 50 pushups???? That's what it cost me when I had a bit of "tude!
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Old 09-14-2013, 08:47 PM   #31
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last year in the summer me and my gf and her friend/bf (double date) went out for dinner dt, and then to hang out at English bay until 11pm. I was driving, so I dropped the other 2 at their condo downtown, took the Georgia street to get to main street (a place they always have roadblocks). roll down the window, cops asks, I reply "yeah I had 2 pints at dinner hours ago". he looked around the inside of my truck..."sir can I get you to pull over please".

did the breathalyzer, I was waaaaaaay below the limit, by this time it only showed the bare minimum it could probably read. wasted 20 minutes of my time and his.
If it proved that you weren't driving while intoxicated, it wasn't a waste of time at all. I'd rather the cops screen more people just in case rather than leave people on the road who might be drunk at the wheel.

I've repeatedly gone through roadblocks and admitted to having had beers; usually I leave a good two or three hours before driving and even then only after one or two beers with a meal. I've not once yet had to take a breathalyzer because of that admission, but if I did, I would be perfectly alright with that. Better safe than sorry.
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Old 09-14-2013, 09:30 PM   #32
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I takes all of two minutes to blow into the damn straw. I really don't think anyones time is being wasted here, regardless of circumstances.
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Old 10-01-2013, 12:43 AM   #33
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I takes all of two minutes to blow into the damn straw. I really don't think anyones time is being wasted here, regardless of circumstances.
Sure it takes 2 minutes to blow into the straw, but the time it takes for 99% of the officers out there to actually get in and out of their car can be up to 30 minutes.

I get pulled over every other week when I go to shark's club for wings night. Every single time they pull me over, they jerk off in the car for 5-10mins and then finally approach me. After I give them my ID and etc etc, they go back in their car and jerk off AGAIN for 10-15mins.

P.S. I don't drive when I'm drunk

Even when I get pulled over from time to time for car mods, they take just as long to do whatever the fk they do in their cars.

I find that if they have a co-worker beside them, it takes the longest. They talk and giggle with each other for the longest time.
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Old 10-01-2013, 06:23 AM   #34
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I don't know.....maybe they are checking your driving record, possible criminal record, warrants, past encounters with police on the database, waiting to get a number to generate a file for their contact with you, actually entering the data from your encounter, waiting for a response back for queries, filling out any actual paperwork, entering info in their notebooks....that sort of thing? Or maybe they just like to do as you suggest? If your attitude in the traffic stop is the same you display here could that be the reason? Just wondering? Wasn't there, just going on what you tell us.
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Old 10-01-2013, 07:52 AM   #35
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Never charged anyone with obstruction but your denial becomes part of my grounds to further investigate and part of the Crown report if it goes to trial. mens rea means a guilty mind...and someone telling lies about their consumption fits that description.
Aren't you a police officer? Mens rea will never show up in an "under the influence" case....I don't know where you got that from. This is a strict liability offence in almost every country.
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Old 10-01-2013, 11:09 AM   #36
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Personally I've had 2 occasions where I had a beer and was asked that question at a road block. Both times I answered honestly and was only asked to do a breathlyzer once
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Old 10-01-2013, 01:52 PM   #37
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Personally I've had 2 occasions where I had a beer and was asked that question at a road block. Both times I answered honestly and was only asked to do a breathlyzer once
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There isn't an equation to figure out when an officer follows through with a breathalyzer or any intoxication examination.

It's case by case at the discretion of the officer. The law afterwards and the actions surrounding the case will determine the legality of it but really officer's just use their intuition and experience
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Old 10-01-2013, 02:04 PM   #38
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Aren't you a police officer? Mens rea will never show up in an "under the influence" case....I don't know where you got that from. This is a strict liability offence in almost every country.

The fact that your "guilty mind' lied about consumption gives me more reasonable suspicion to continue further investigating you for impaired operation of a motor vehicle. It is part of my articulation to the court as to why I did what I did. That's how I use "mens rea".
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Old 10-01-2013, 02:05 PM   #39
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Sure it takes 2 minutes to blow into the straw, but the time it takes for 99% of the officers out there to actually get in and out of their car can be up to 30 minutes.

I get pulled over every other week when I go to shark's club for wings night. Every single time they pull me over, they jerk off in the car for 5-10mins and then finally approach me. After I give them my ID and etc etc, they go back in their car and jerk off AGAIN for 10-15mins.

P.S. I don't drive when I'm drunk

Even when I get pulled over from time to time for car mods, they take just as long to do whatever the fk they do in their cars.

I find that if they have a co-worker beside them, it takes the longest. They talk and giggle with each other for the longest time.
Regardless of whether or not you are asked to blow in a straw they are still going to run your information. When you are pulled over they do this regardless, they will 99% of the time ask for your DL and registration, and on that note I am not an officer but I am fairly certain they do not sit in their cars and "jerk off".

My point was the actual act of blowing in the straw does not take a long time, you blow in the machine for 5 seconds and the machine populates the blood-alcohol content right there before your eyes. All other things equal after doing this I have been on my way in less than 2 minutes. If you were doing something else wrong, well then thats your problem, its not the fault of the officer.
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Old 10-01-2013, 05:38 PM   #40
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Regardless of whether or not you are asked to blow in a straw they are still going to run your information. When you are pulled over they do this regardless, they will 99% of the time ask for your DL and registration, and on that note I am not an officer but I am fairly certain they do not sit in their cars and "jerk off".

My point was the actual act of blowing in the straw does not take a long time, you blow in the machine for 5 seconds and the machine populates the blood-alcohol content right there before your eyes. All other things equal after doing this I have been on my way in less than 2 minutes. If you were doing something else wrong, well then thats your problem, its not the fault of the officer.
It takes time to get things organized; run your plates, check who is registered as the driver, check outstanding warrants for the owner, check to see if there are any restrictions or notices on the vehicle and/or driver, &c &c.

Once they've gone back to their car with your info, they need to punch it into their notes or their computer, make sure that everything you've told them jives with what they've got in their system. Sure it's mildly inconvenient, but such is the price for making sure that things are done in a thorough and correct manner.

Bureaucracy always takes time, and policework is one of those things that I'm quite happy with being extremely well documented.
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Old 10-01-2013, 06:52 PM   #41
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It takes time to get things organized; run your plates, check who is registered as the driver, check outstanding warrants for the owner, check to see if there are any restrictions or notices on the vehicle and/or driver, &c &c.

Once they've gone back to their car with your info, they need to punch it into their notes or their computer, make sure that everything you've told them jives with what they've got in their system. Sure it's mildly inconvenient, but such is the price for making sure that things are done in a thorough and correct manner.

Bureaucracy always takes time, and policework is one of those things that I'm quite happy with being extremely well documented.
Exactly my point, the portion that is taking the time is doing the paperwork about you getting pulled over, not the breathalizer test, which was the only part being called into question in this thread.

Me and you are seeing eye to eye. I disagree with mikey2781, he is acting ignorant.
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Old 10-02-2013, 01:54 AM   #42
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My point: Avoid any police at all cost and never admit that you drank. (Unless you know you are not okay to drive.) It just saves everyone's time.

If you drank over the legal amount:
1. You lie, you will get a very SMALL chance of being required to the test.
2. You tell the truth, the officer feels that they are responsible of making sure you are okay to drive. Thus, chance of getting tested will be EXTREMELY HIGH.

If you are drunk as fk and you know it isn't safe to drive, then DO NOT drive.

But the question here should be, what MORE can the officer do if they found out that you were lying? Honestly, I would say they can't do anything MORE than giving you the ticket that they were going to give you anyways. So why would you not lie if you are going to get a ticket if you tell the truth?

If you had 2 sleeves of beer, it is illegal to drive. If you sit for an hour after drinking, it is still illegal to drive. If you are completely sober and honest to yourself that you are completely fine to drive, why would you pretty much ASK the officer to do a test on you and have a much higher chance of getting prohibited from driving?

If I KNOW that I don't feel drunk, smell drunk, look drunk or drive drunk then IMO, there is no point in telling anyone that I drank more than the legal amount.
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Old 10-02-2013, 05:46 AM   #43
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My point: Avoid any police at all cost and never admit that you drank. (Unless you know you are not okay to drive.) It just saves everyone's time.

If you drank over the legal amount:
1. You lie, you will get a very SMALL chance of being required to the test.
2. You tell the truth, the officer feels that they are responsible of making sure you are okay to drive. Thus, chance of getting tested will be EXTREMELY HIGH.

If you are drunk as fk and you know it isn't safe to drive, then DO NOT drive.

But the question here should be, what MORE can the officer do if they found out that you were lying? Honestly, I would say they can't do anything MORE than giving you the ticket that they were going to give you anyways. So why would you not lie if you are going to get a ticket if you tell the truth?

If you had 2 sleeves of beer, it is illegal to drive. If you sit for an hour after drinking, it is still illegal to drive. If you are completely sober and honest to yourself that you are completely fine to drive, why would you pretty much ASK the officer to do a test on you and have a much higher chance of getting prohibited from driving?

If I KNOW that I don't feel drunk, smell drunk, look drunk or drive drunk then IMO, there is no point in telling anyone that I drank more than the legal amount.
LOL wow. WTF is wrong with you? So basically you are telling people to lie to save themselves a few mins of their time?

You make is sound like people know whether they are over the legal limit or not, which is complete and utter BS. Do you know how many people say "I am good to drive" but are absolutely hammered?

Your last sentence makes NO sense at all. If you don't feel drunk, smell, or look drunk, you probably AREN'T drunk, therefore there wouldn't be a reason to have to LIE.

And you saying you "don't drink and drive" should be enough for all cops who don't know you, to let you be on your merry way, after seeing you drive away from a sports BAR right? sure. If you say so. No one lies, and everyone tells the truth.

Truth is, whether you lie or not, if you drank enough to even blow a "warn" on an ASD, you will reek of liquor.

How old are you anyways? Or should I ask, do you have a class 5? From what you are posting, it makes it seem like you have a class 7. Class 7 drivers are the ones who tend to lie about consumption the most, because they are effed if anything shows up, over the "legal" limit or not.
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Old 10-02-2013, 07:42 AM   #44
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Old 10-02-2013, 01:48 PM   #45
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You guys sound like you have never drank alcohol before or have a very weak tolerance for alcohol. Drinking 3 cans of beer will make anyone go over the legal limit for a couple hours, but majority of them will have no sign of being drunk or even slightly tipsy.

I am sure everyone who is hammered has drank way over 3 cans of beer. I only said if you are honest to yourself meaning you don't feel ANY SORT OF IMPAIRMENT.

Being DRUNK and having an illegal BAC % is totally different. If you are drunk, don't drive. But if you have an illegal BAC%, and 100% fine to drive, then lie.

I'm not here to tell you what is legal and what is illegal. I'm just letting people know that the stupidest thing to do is to admit that you drank. I'm not telling people to drive drunk, I'm telling people that if they DO drive drunk or just with illegal BAC% then DON'T tell the cops you drank. You guys make it sound like I'm telling everyone to drive drunk, I never said that.

It's the same thing as when you are going 65 in a 50 zone, which is absolutely normal on any large streets like Granville/Oak/Cambie during those long stretches. If a cop pulls you over and ask did you know why I pulled you over, you're not going to be like because I was speeding at 65km/h. Let the cops do the investigation, don't make their lives easier by putting yourself at risk of getting ticketed.

Well if you do like telling the truth then you must love getting those tickets.

P.S. I am 30+ with my own family.
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Old 10-02-2013, 01:58 PM   #46
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You guys sound like you have never drank alcohol before or have a very weak tolerance for alcohol. Drinking 3 cans of beer will make anyone go over the legal limit for a couple hours, but majority of them will have no sign of being drunk or even slightly tipsy.

I am sure everyone who is hammered has drank way over 3 cans of beer. I only said if you are honest to yourself meaning you don't feel ANY SORT OF IMPAIRMENT.

Being DRUNK and having an illegal BAC % is totally different. If you are drunk, don't drive. But if you have an illegal BAC%, and 100% fine to drive, then lie.

I'm not here to tell you what is legal and what is illegal. I'm just letting people know that the stupidest thing to do is to admit that you drank. I'm not telling people to drive drunk, I'm telling people that if they DO drive drunk or just with illegal BAC% then DON'T tell the cops you drank. You guys make it sound like I'm telling everyone to drive drunk, I never said that.

It's the same thing as when you are going 65 in a 50 zone, which is absolutely normal on any large streets like Granville/Oak/Cambie during those long stretches. If a cop pulls you over and ask did you know why I pulled you over, you're not going to be like because I was speeding at 65km/h. Let the cops do the investigation, don't make their lives easier by putting yourself at risk of getting ticketed.

Well if you do like telling the truth then you must love getting those tickets.

P.S. I am 30+ with my own family.


I definitely don't agree with your view on being drunk and having various BAC%. How are YOU supposed to know when you're fine to drive? You really think your impaired judgement is going to make the best decision? Just because you THINK you're fine, doesn't mean that your reaction is as sharp as it's supposed to be. Meaning because of that one milli second mis judgement, you just took someone's life. That's the whole issue with driving while under the influence, it's that marginal impairment of your reaction time and decision making ability, which could lead to something that could have altogether been avoided. There is a reason why a certain level of BAC is deemed illegal, it mostly has to do with clouding judgement and affecting your response time. Regardless of how alcohol affects you personally, those levels DO have some effect on your brain, regardless of how high your tolerance is.

This is coming from someone who got caught drinking and driving, and had to go through the whole program. I had the same stupid mentality as you, luckily I believe I actually learned my lesson the easy way. I am glad I experienced what I did because it pulled my ignorant head out of my own ass. I actually already began to completely stop doing that. In fact, I would leave my own car at home when I would go out. However, I got caught driving my friend's car, as he was completely wasted and was determined to drive, while I had a few drinks earlier in the night and "thought" I was okay to drive. Still enough to suffer the consequences, and I completely got what I deserved, even if it came from a broken tail light.

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Old 10-02-2013, 02:32 PM   #47
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You guys sound like you have never drank alcohol before or have a very weak tolerance for alcohol. Drinking 3 cans of beer will make anyone go over the legal limit for a couple hours, but majority of them will have no sign of being drunk or even slightly tipsy.

I am sure everyone who is hammered has drank way over 3 cans of beer. I only said if you are honest to yourself meaning you don't feel ANY SORT OF IMPAIRMENT.

Being DRUNK and having an illegal BAC % is totally different. If you are drunk, don't drive. But if you have an illegal BAC%, and 100% fine to drive, then lie.

I'm not here to tell you what is legal and what is illegal. I'm just letting people know that the stupidest thing to do is to admit that you drank. I'm not telling people to drive drunk, I'm telling people that if they DO drive drunk or just with illegal BAC% then DON'T tell the cops you drank. You guys make it sound like I'm telling everyone to drive drunk, I never said that.

It's the same thing as when you are going 65 in a 50 zone, which is absolutely normal on any large streets like Granville/Oak/Cambie during those long stretches. If a cop pulls you over and ask did you know why I pulled you over, you're not going to be like because I was speeding at 65km/h. Let the cops do the investigation, don't make their lives easier by putting yourself at risk of getting ticketed.

Well if you do like telling the truth then you must love getting those tickets.

P.S. I am 30+ with my own family.
I don't get tickets. And comparing going 65 in a 50 zone is not anywhere near similar to committing a criminal code offence.

drinking 3 cans of beers in a couple of hours will NOT result in someone's BAC being over .08. You make it sound like everyone can gauge their level of alcohol intoxication simply by "thinking it through". Do you not agree that the more intoxicated someone is, their ability to make sound decisions is lessened?

Well, I have lost faith in humanity if there are people like you out there, raising their kids to think this way.
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Old 10-02-2013, 04:19 PM   #48
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It's like I have to repeat myself over and over again.

Like I said, I never encouraged anyone to drive drunk. All I am saying is, don't tell the officer you drank if you happened to be driving after consuming alcohol (illegal or legal amount).

Either don't drive when you drink, or you can be stupid and do it and risk getting ticketed but whatever you do, don't tell admit to drinking.

I don't understand how you guys are so offended by what I am saying, everyone seems to think I encourage people to drive drunk AND THEN lie to the cops. No, I am not.

And yes, if you drank 3 beers, your BAC will be over the limit. Let's say you drank 3 beers, sat for 2 hours after that, you will still be over the limit. The limit for an average person is 1 beer per hour.

If you got in an accident due to having a "couple" drinks, you clearly had a way too many.

I am talking about 3 beers + 2 hours of sitting time which is impossible for anyone to still be impaired.

Here is a little summary if you are still against what I am saying:
1. Don't drive if you are drunk.
2. If you happen to be in a moving car while being in the driver's seat and get pulled over, don't tell the cops you drank. Why? Because if you do, you will get ticketed 100%. If you don't you will have a higher chance of getting by.

When I say this, I am talking about all the responsible people out there. I am not talking for those who drinks 10 beers and tell everyone that "I'M FINE" when he is falling all over the place.


Let me ask you guys this. So are you guys telling me if you had 2 beers and decided to drive right after, you will tell the cops you consumed alcohol when you get pulled over?
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Old 10-02-2013, 04:28 PM   #49
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The average person can consume one alcoholic beverage per hour, and will be under the legal limit. It doesn't say anywhere how much under they are. It is a general rule of thumb.. If you had 3 drinks, and sat around for 2 hours, it gives your body plenty of opportunity to metabolize the alcohol.

I was at a wedding, and drank probably 7-8 drinks over a 4-5 hour span. I felt fairly "drunk" and would have never driven under that circumstance but I wanted to see how much I would blow. There were Police in the parking lot, and they allowed me to blow into an ASD just for my own reference. I blew a WARN. I don't drink that often, maybe once a month. I would consider my alcohol tolerance pretty average. So I do not believe (for the average person) their BAC will be over .08 if they consumed 3 beers, and waited 2 hours.. or even if they consumed 4 beers in 3 hours. I am even willing to put money on it.

You would be surprised at what your level of intoxication is, to be over .08
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Old 10-02-2013, 04:30 PM   #50
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Quote:
Originally Posted by mikey2781 View Post
I'm telling people that if they DO drive drunk or just with illegal BAC% then DON'T tell the cops you drank.
Quote:
Originally Posted by mikey2781 View Post
I don't understand how you guys are so offended by what I am saying, everyone seems to think I encourage people to drive drunk AND THEN lie to the cops.
Uhhh, ya actually you kinda did.
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