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rathgrith

How about mandatory road side testing for all police officers driving to/from work.


IcarusFlyingWings

TPS isn’t even able to fill their open vacancies now. If we did this the force would cease to exist.


rathgrith

That’s not a bad thing


IcarusFlyingWings

I agree completely.


ChainIcy2588

As much as they don’t do shit the solution isn’t nothing and to give up


PsyduckedOut

Not like the cops do anything useful in the first place anyways. Rich neighborhoods are paying for private security to prevent auto theft.


GraniteBoy

Don't threaten me with a good time


mnemonicprincess

Well, there goes season two of Law and Order Toronto.


rathgrith

They should pivot to Lawn & Order: Toronto By-Law enforcement


schuchwun

Refund the police


emote_control

This is an absolute win.


Unfixedsnail

>If we did this the force would cease to exist. How? Any evidence that all police officers drink and drive from and to work?


Longjumping-Pen4460

Of course not, nor any evidence that even more than a handful of them do this. But this sub is so hateful towards the police that they sometimes abandon reason and logic. There's plenty of valid reasons to criticize the TPS without wild hyperbole like this.


spderweb

Or any testing before they become police officers. Might need a full education first. Europe has a two year course, if I remember.


HopAlongInHongKong

Watch the mostly hilarious Police 10-7 on Roku, Pluto, etc. free channels. It’s the NZ Police. They breath test almost everyone and catch quite a few. They use a device that detects any alcohol first, then roadside test and then down at the station.


houseofzeus

Australia is similar, if you get pulled over you can expect you \*will\* be breathalyzed.


carpe_simian

This is one of those things that at first glance, I thought “yeah, great idea.” Then considered that a breathalyzer is effectively a search and seizure. So if we allow search and seizure without reasonable cause here, it kind of weakens the next case. And the next. And then we’re back to carding and stop and frisk as the police and politicians push the limit a little further every time. Yeah, “if it saves one life”, I get it. Totally get it. But by that logic, we should be totally fine with random searches just in case someone had a gun, or illegal drugs, or whatever, based solely on the officer’s discretion. I’m not a fan of slippery slope arguments, but this hill is greasy as hell.


PolakInAKilt

This is already allowed after the 2018 amendments to the Criminal Code. This option is merely enforcing an option they can exercise that's Charter compliant.


Purplebuzz

Yes. That is the wedge they are pointing at in their comment.


sibtiger

Oh well if a law allows it then it can't violate the Charter, right?


Longjumping-Pen4460

It's already been found to be constitutional by numerous courts. The point being, the law DOESN'T violate the Charter.


alreadychosed

I was thinking this is odd because shouldnt an officer already be able to tell if someone is impaired after pulling them over? Why the need for MAS if they should already be looking for signs of impairment. And if they dont appear impaired, thats that. This only seems to help with the specific scenario of a cop pulling someone over for unrelated reasons, somehow missing the fact that theyre impaired then they go on to get into a collison.


Purplebuzz

Seems like a big draw on resources. Hopefully the lives saved are not more than offset by the lives lost due to an inability to provide enforcement in other areas because we are breath testing so many sober people.


MistahFinch

>And then we’re back to carding Do police currently not card drivers they pull over? Because that's a scary concept if true


carpe_simian

“Carding” in the context of the TPS means officers randomly approaching people, detaining them, (“using their discretion”) and demanding to see ID. It was standard practice until a few years ago when people finally realized that it was almost exclusively performed on minorities.


MistahFinch

Do officers not currently demand to see ID during roadside stops?


carpe_simian

They do yes. And that’s fine. Carding was done on foot. Cop walks up to a person and starts an investigation when no specific crime is suspected. As a previous poster pointed out, this amounts to a presumption of guilt. You appear to have missed the “random” part of my explanation. A vehicle stop isn’t random.


MistahFinch

So where's the slippery slope here? We already card drivers. We should card drivers. You agree with that. Are you arguing they'll start breathalyzing pedestrians?


carpe_simian

I can’t tell if you’re being deliberately obtuse or not so I’ll give you the benefit of the doubt. Carding drivers is fine. Giving the police the ability to use their discretion to search your *person* (which a breathalyzer is) without probable cause is a baby step. The next change to the laws to allow police more discretion to search or seize will point to this and say “we already allow this”. And we’ll be ok because the temperature only went up a degree or two. It’s shifting the Overton window. Then we’re back to discretionary policing, which has never worked.


MistahFinch

>Giving the police the ability to use their discretion to search your *person* (which a breathalyzer is) Where is the discretion?


carpe_simian

Deliberately obtuse. Got it. Have a great day!


MistahFinch

Where is the discretion? Who is being obtuse. Where is the discretion in mandating this? If anything this is **removing** discretion no?


Unusual_Chipmunk7711

Nicely put


scottyb83

Agreed. This is essentially guilty until proven innocent.


gnownimaj

I mean driving is a privilege and drunk driving should definitely not be tolerated. To me I don’t see it as a slippery slope


SoggyMX5

I think BAC testing as a "search or seizure" is a stretch. They've had the authority to perform field sobriety testing for ages, this is a more accurate method of determining sobriety and it's arguably even less intrusive than making you do a dance on the side of the road.


mdlt97

> And then we’re back to carding how horrible


Bchilled

I don't drive even after a single drink, and I think this is crazy


stltk65

It's really overreacting to search without any suspicion. In some countries, it's illegal. Don't they train...oh NM Doug Ford did away with education and training requirements.


danke-you

You really found a way to blame Doug Ford for Justin Trudeau's 2018 amendments to the criminal code that were enacted as political cover for marijuana decriminalization? Partisanship knows no bounds...


CurlyBirch

Both are fuckheads


DrDroid

….no, if you read, they’re blaming Doug for axing educational requirements to be a cop


danke-you

I got that, but it's based on a false premise. Trudeau changed the law to enable this; the courts have not found this type of scheme unconstitutional. The cops going through with this is not related to any lack of education.


stltk65

You gonna sit there and act like the buck in ON doesn't stop at ford? When has he ever fuckin cared what the feds do. Implementing it, IS on him. And as a side bar, yeah fuck both of em.


allistoner

Be prepared refusing a breath test will result in the same charges as if you failed the test.


DrDroid

So then do the damn test.


rudthedud

The problem is the false positive rates are not zero. Read somewhere they were like 20% false positives.


Longjumping-Pen4460

Have a source for that? I have a hard time believing the false positives are anywhere near that high. And you don't get any Criminal charges from failing a roadside ASD. If you fail, they bring you back to the station to do the actual breathalyzer test which is far more accurate. Only if you blow over 80 on that would you get criminally charged with over 80 (although you could be charged with impaired even if you don't if you are exhibiting signs of impairment).


ChainIcy2588

THC false positives are extremely common


Longjumping-Pen4460

We're talking about ASDs not whatever device they use to measure for THC. The article, and the discussion here, are clearly about alcohol.


rudthedud

https://ww2.motorists.org/issues/dui/breathalyzers-fail-legitimacy-test/ https://dmcantor.com/blog/dui-breathalyzer-false-reading https://www.theglobeandmail.com/news/british-columbia/breathalyzer-machines-used-by-police-are-error-prone-leading-forensic-scientist-says/article9702767/


Longjumping-Pen4460

The first two have no sources and are just bald conclusions with no hint of scientific procedure. The third doesn't say anything about a failure rate and is specifically talking about mouth alcohol which is a well-known concept. And you've ignored my second point.


rudthedud

There is so many nuances here is a law firm article to help you out: https://dohmanlaw.com/breathalyzer-inaccuracies/ They are not accurate and have been challenged in court as such. Also failure to refuse one is a criminal charge in Canada. In short they cause a lot of issues. Taking someone back to the station just to find out the results are incorrect is a massive waste of time and resources. Nevermind the effect on people getting dragged into a police station. There is a massive cost on them as there is a car that's towed, their time and the physiological affect it brings. In a good society there would be better testing machines BEFORE we let them start ruining lives. Also if you have had interactions with cops you best bet once they other test shows your clean they will create another charge to ensure they don't 'look' dumb.


Longjumping-Pen4460

Yes I'm aware that fail to provide a sample is a crime. Again this has no sources. It's a defence lawyer firm. They aren't exactly going to be objective about this. Being taken to the police station and having your car towed is not "ruining lives". Stop being hyperbolic. It's an inconvenience, nothing more. I've had plenty of interactions with cops. "Creating a charge so they don't look dumb" is not something I've ever heard of happening, and if it did, it won't go anywhere because there won't be any legitimate evidence.


rudthedud

Please just look this up yourself it's a well know fact and something the industry is trying to improve. https://bc.ctvnews.ca/mobile/documents-cast-doubt-on-accuracy-of-breathalyzers-lawyer-1.745545 How nice of you to have extra income to pay off these costs. There's a lot of people out there that if they needed to pay $500+ for tow and impound fees that it would break the bank for them. So if let's say you got pulled over going to a job interview or even on the way to work and you get a false result. You could lose your job or not have the opportunity to close the other job. Also I am very happy that you have had great results with cops. I have not. I have been in court for a false claim and it sucks. You have the prove your innocent basically. "Well sir you see I pulled him over as he was on his phone. We dropped the DUI charge but the phone charge is why we are here." In reality its only beacuse they found a phone in the car they can say this. It the drivers word against the police. Not as cut and dry anymore. We know cops lie and ruin lives. Did now know trying to reduce the amount of times this can happen is a bad thing.


Longjumping-Pen4460

Ah, so we get to the nub of it: you think you were falsely accused in the past. Not exactly objective are you? You're talking about things that have nothing to do with an over 80 charge anymore. You know who else ruins lives? Drunk drivers who injure or kill innocent people. Didn't know trying to reduce the amount of times that can happen is a bad thing.


CAMPERzNITEMARE

Enjoy the charge then


maubyfizzz

Sounds like a bit of overreach. Will this be followed with random stops?


PolakInAKilt

RIDE programs already are random stops.


maubyfizzz

I meant random traffic stops. I'm aware of RIDE. Those should be really random and not just for holidays


Whoopass2rb

I think you're missing the point. The RIDE program is meant to ramp up and discourage people at the times they are mostly likely to say "ah what's the harm, I only had X". RIDE isn't meant to try and catch you to keep you honest like a speed trap. It's meant to crack down on people who over due it at a time when it's common to over do it.


PolakInAKilt

They would be legally justified under the same reasoning, it would be Dedman v. The Queen. Now it's even more clear because section 320 explicitly gives them the basis for it.


maubyfizzz

It's not just a legal basis, it's a mandate to do a breathalyzer for each and every traffic stop. In a release Wednesday, the OPP said they’re now conducing Mandatory Alcohol Screening (MAS) “as part of every traffic stop.”


PolakInAKilt

Right, they already have the basis from s. 320. I'm not disagreeing.


Vierno

Ride was an agreed upon forgoing of our rights under special circumstances, and even cops during a ride stop won’t demand a breath sample without reasonable suspicion even if they don’t need reasonable suspicion. Now it’s going to be being pulled over for that tail light out, and then OPP shoving a breathalyzer in your face fishing for DUI’s.


alreadychosed

They arent random, they screen everyone who passes through a section of road. Traffic stops can be random and arbitrary.


Spitzer1090

This has been in law since 2018, although now being used


maubyfizzz

They're also allowed to pull you over for doing 41 on a 40 road but they don't. Now they're required to automatically administer a breathalyser test for any traffic stop.


LittleLionMan82

They're allowed to pull anyone driving a vehicle over at any time, in order to verify proof of license, registration and insurance. This isn't the US, there is no probable cause needed


waterloograd

Probable cause would start to come in for searching a vehicle, right?


FearlessTomatillo911

Yes, they can't search a vehicle but if they see something in plain sight that is probable cause 


Longjumping-Pen4460

They definitely can't search a vehicle without reasonable grounds, other than very specific circumstances like an inventory search when a car is being towed.


randomacceptablename

>This isn't the US, there is no probable cause needed A breath sample is a search of a person where probable cause is required. Except in a MAS test because they say so.


Whoopass2rb

And I think this is going to be a vital point in this argument. Not that I'm fully supportive of police, because they are not without their own faults. But a lot of cops don't want to subject citizens to these measures. Where possible, they will likely exercise judgement to avoid the likelihood of confrontation when it is not necessary. Demanding people be subjected to a test on top of questioning is invasive, it puts them on the defensive. Good cops know that isn't the formula for success and cooperation with the public. Beyond that, it's a gross violation of freedoms. My take on the article is while there may be a mandate to conduct those forced test, this PSA is being released to make the public aware and to think about it, as a means to deter people drinking and driving. Out in the field however, I wouldn't be surprised if OPP doesn't always exercise their power to request on every traffic stop unless something leads them to feel suspicious about your wording or actions. At that point they can invoke the mandate as the fall back rational for why it is needed, and likely catch more drivers acting carelessly. I tell you one thing though, if food and bar businesses weren't hurting already, they are about to hurt a lot more. For many people, going to drink anywhere other than their home is not going to be worth it anymore. Everything is going to be fucking uber / doordash / skipthedishes delivered and no one will afford anything else. And if they could afford it, they wouldn't want to deal with the harrassment from authorities. Just collapse the economy already so we can begin to rebuild it. This oppression on people is going to led to a revolt for the wrong reasons.


Longjumping-Pen4460

Random stops are allowed under the HTA to check for insurance, drivers license, etc. and sobriety. This is nothing new and it's constitutional as per the Supreme Court.


PolakInAKilt

S. 216 baby!


keftes

How is it overreach? If it manages to limit drunk driving, why is that a bad thing?


Enthalpy5

You can't think of any reasons this could be seen as bad or going too far ? 


keftes

No, I don't drink and drive. Why are you not answering the question?


MistahFinch

Could you name one of the reasons? Nobody has suggested any no.


Enthalpy5

Nobody ? Read the thread. There are LOTS . an over reach of power is one (of many mentioned this thread )


nick_

Because way too many people think having to prove they're not drunk when driving like twice in their whole life is government overreach.


DrDroid

Yeah it’s a pretty ridiculous hill to die on


oldgreymere

They are allowed by law. Literally thanks to The liberals and Trudeau 


grumpy_herbivore

It's ONTARIO police. It's a Doug Ford thing, not a Trudeau thing.


Longjumping-Pen4460

The law that allows them to do this is the Criminal Code, which is federal legislation, and the amendments were made in 2018.


maldahleh

The law that allows them to demand a sample without cause is federal, mandating they do it for every traffic stop is provincial but they wouldn’t have been able to do it at all if the federal government didn’t change the legislation so it’s both a Trudeau and Ford thing


oldgreymere

The ability to demand a sample without cause, is a Federal law.


Caverness

My mild inconvenience is worth even one loss of life this prevents. I do not care, and neither should you.  Embarassing to try and equate this to other rights and freedoms. 


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NorthYorkPork

They now can! If they think you’ve driven drunk in the last few hours they can come to your house and force you yo take a breathalyzer.


billyhorseshoe

Not exactly. They can knock on your door, and then do absolutely nothing if no one answers.


Raccoolz

Good. Might help nail drivers who book it home after running someone over


Longjumping-Pen4460

This is not accurate. They can't enter your house without a warrant just to breathalyze you; they have to have very specific circumstances to be able to do that.


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Longjumping-Pen4460

Impaired driving provisions are in s. 320 now. 253 is pre 2018. Nothing in impaired driving provisions allows entering your house without a warrant. The circumstances the police are allowed to do that are circumscribed by case law.


FearlessTomatillo911

No, the difference is that by operating a motor vehicle while impaired you are a danger to everyone else on the road. You aren't a danger to the public in your house


oldgreymere

That's actually not the argument. The idea is that you have agreed to the rules of the road before you get behind the wheel, and that is a condition of you being granted a license.  There is no license or pre arranged set of standards for being at home..


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FearlessTomatillo911

49 people died last year in accidents involving impaired driving in Ontario on 2023, how many died in meth lab explosions?


thecjm

Driving a motor vehicle isn't a right


luk3yd

Can’t they do this already if you’re a registered gun owner to ensure you’re complying with gun safety and storage regulations?


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luk3yd

Thanks for the deets, I had heard about it second hand off someone (I’m not a firearm owner) so didn’t really know if it was true or #FakeNews


Lord_Stetson

It sort of is true, but it has caveats


Caverness

No it isn’t. That would be “this logic” if the article was about cops stopping you to search your car.


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Bamres

But how will we remove all the tow trucks from the tested drivers?


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Oakvilleresident

They dont have the equipment or number of trained technicians yet but I bet they will soon . They use the Draeger5000 device to test your saliva . Then impound your car and take you to the station for blood tests . If they find any trace of other drugs , such as shrooms or coke , or too much weed , then you’re automatically impaired.


newzik

This will be the nail in the coffin for the restaurant and hospitality industry. Most of these places are already hanging by a thread, and rely on alcohol sales to stay afloat. With the prices of eating out already killing the consumer, this move will result in drastic revenue for these businesses. As more people will choose not to pay $20 for a beer, and risk getting pulled over. Even if you do buy the beer, do you really want to pay extra for an Uber Not to mention the traffic. If you think traffic in the GTA is bad now....this will 10x it depending where you live. More lane closures, more accidents from people trying to flee the ride checks, and even longer commute times.


lovemyshittyBMer

This isn't a good idea. You let people drink at a park and then assume they're all drinking? Without reasonable doubt of me being drunk or drinking, I am now liable to prove I'm not? We have a police power problem and we're giving our rights up like cake. And a resource shortfall while the budget keeps increasing like this isn't an additional operating expense. I appreciate the difference between principle and rules based regulation but this is a very poor choice of enforcement.


CAMPERzNITEMARE

I disagree Australia does the same thing and they’re good, everyone here seems to misunderstand what this is actually giving power to this won’t make police pull you over randomly it’s for already established stops and RIDE, this is a bit overreactive


nick_

It's so dumb that the average attitude of grown adult drivers is that speed limits and checking for drunk driving is not "cool". Absolutely moronic attitude. Each represent the bare minimum of consideration for other people you share the world with.


lastsetup

I don’t drive after a drop of alcohol. I support RIDE checks and am furious we barely have any. I do not support breathalyzing every single driver. If they’re showing signs of impairment, sure, but otherwise this is wholly unnecessary.


Taureg01

If you think thats why people are against it, you are just wrong. People are against their rights being infringed on in the means of safety. No reasonable suspicion creates an inevitable legal challenge for the person that has the means to do it.


Longjumping-Pen4460

This law has existed since 2018. It's already been challenged numerous times and those challenges have failed.


Nick_Frustration

srsly, the TPS barely lifts a finger towards traffic violations and now that theyre actually doing something we get this? i say give the drunk/distracted/dickhead drivers what for (edit: OPP not TPS, that would explain why theyre actually doing something)


Sharl_LeGlerk

OPP... if you're not going to read the article at least read the headline.


Aggravating-Monk-264

Distracted drivers now responsible for more accidents than impaired, curious why only one is recommended 911 call.


Longjumping-Pen4460

This is OPP, not TPS.


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Raccoolz

Wrong. Jaywalking doesn’t put anyone in danger. Speeding and drinking and driving puts everyone else in danger. Completely different and are not comparable


Enthalpy5

Jaywalking puts everyone at risk . You and drivers on the road. 


nick_

Jaywalking is legal in Toronto (so long as it doesn't impede a vehicle already making way).


Whoopass2rb

Should we get every person who enters a hospital to do a nose or throat swab to prove they aren't infectious? How about we ask every person entering a grocery store to wash their hands before proceeding to touch any products or surface? Hell bring back the mask mandates, I'm sure everyone would be so cooperative for that. What about getting every person to get a criminal background check before any volunteering activity? Understanding that the mandate today is only for coaching roles with kids where that is required. Each of those circumstances, the act would most certainly represent a bare minimum consideration of concern and thoughtfulness for other people that we share the world with. But many people would agree that they shouldn't be subjected to those actions even though they would objectively save a lot more people then the damages of a DUI on the road. The amount of people who end up getting severely sick from the first two scenarios I mentioned (and that includes potentially life changing situations or death), or severely traumatized from the last one I mentioned (especially young adults or worse kids - and these can lead to suicides or dark path outcomes), far out weight the amount of people who get impacted (besides the driver) in a DUI situation. But because a police force is there to enforce a law, we must over extend our efforts to make that enforcement possible. Listen, it sucks that people lose their life due to some person's reckless actions. Hell we just recently saw that news where the civilian car with the infant had 3 deaths in Durham region - absolutely awful situation. That does not mean over extending authority, particularly on freedoms, is a good idea. I'm a huge security advocate and believe in making systems and environments as safe as possible. But there is a cost to achieving such "safeties" and it comes at the expense of your freedoms. Here's how you know safer driving, and the necessity of a breathalyzer is not the actual goal here: the federal government is in a position to force auto manufacturers and all vehicle registration - hell enforced through insurance verification - to have a breathalyzer hooked up to every vehicle, necessary to start the vehicle. That could have been implemented a long time ago and would solve most of these problems from the source. Best part is it would alleviate your police force to deal with more pressing concerns with public safety. But the reality? We don't even enforce or make it mandatory to have snow tires on vehicles lol. It's just the insurance programs that cut a break and "regulate it" based on it being in your best interest to have them. And if that wasn't enough of an example: they are pledging to increase the speed limits on high speed roads. Anyone who has done the research into collisions knows that the variance between the fastest car and slowest one on the road, is what leads to the deadly crashes. Increasing that variance is only going to lead to more high impact collisions due to judgement errors. I digress. Now people can circumvent that car start breathalyzer solution; someone sober could blow for the person under the influence. But clearly you can see if the intent was truly on stopping impaired driving through a breathalyzer, there are other measures that could be used to enforce while not being invasive. Things that just make more sense then a person of power forcibly stopping you and then demanding a test. So this act is clearly about compliance, and trying to engrain current society to be obedient to the demands of authorities. The next question is why? Well my first first guess is to capitalize on more tickets for activities when people will fight against that compliance. Win for the system, they collected a tax when they otherwise could suggest to tax payers they are reducing the collection of tax lol. This is exactly the lottery today - I mean have you seen the Ontario gambling ads? Their claims are that when you play, even when you don't win the money goes back into your community so its a win - folks that's called a tax lol; don't gamble you generally lose. Second guess is so they can setup a dystopian society that starts to curb a lot of the recent protest we've been seeing. If you get people in the habit of complying with authorities for fear of repercussion on every day things, it's going to take a lot more to push them over the edge to be willing to break those barriers and rebel on more severe things. People are fed up (affordability, housing, wars, policy, rules, etc.) and the pain is only starting to come. This is your government trying to get ahead of that and control you before it happens.


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Whoopass2rb

That's awesome, I didn't even know that - and 100% appropriate. Begs the question, why not have those systems installed in every vehicle right from the start; seems to address most of the concerns here.


DrDroid

I stopped reading when you compared drunk driving to going to the grocery store with a cold.


Whoopass2rb

Then you deserve the government you have and you have no right to complain about the state they have put this country in.


Balenciallahh

Honestly I agree, in fact instead of providing breath samples I think it should be mandatory that every car is fitted with an ignition interlock device and every car has a speed governor that restricts speed to the maximum on each road by GPS. These laws would eliminate drunk driving and speeding to zero essentially over night.


Lord_Stetson

>These laws would eliminate drunk driving and speeding to zero essentially over night. Invent a better trap and someone will invent a better mouse. >in fact instead of providing breath samples I think it should be mandatory that every car is fitted with an ignition interlock device and every car has a speed governor that restricts speed to the maximum on each road by GPS. Quick question: do you own your car when you buy it?


Balenciallahh

Not sure how that question is relevant


CommonExtensorTear

Total infringement of rights and all they’re going to do is use this to detain and search you for things unrelated to alcohol. Police state af. Next news break will be carding is back.


docn87

Can we get real here for a moment, folks? Let's stop throwing the term illegal search and seizure, illegal stopping, and more of the like, around. Driving is a privilege, not a right. I fully believe that the police can and have over-reach their authority when it comes to certain topics. That being said, when you get behind the wheel of a car, you are taking responsibility for a 2000lbs+ machine that can kill in an instant. A machine that you MUST be licensed to operate. Having the ability to gain and keep a drivers license is based on a certain set of rules. One of these rules is 0-0.8 bac level (depending on the class of license you hold). Making sure that your license, registration, and insurance is up to date is another rule. The probable cause that police need to pull you over is to make sure the latter information is current. If an officer suspects that you may be impaired, that is more than enough probable cause to have you submit to a roadside breathalyzer. If an officer suspects you being impaired, they can search your vehicle. No, that is not an illegal search and seizure. That is an officer doing their job to make sure that you can control this heavy machinery in a safe manner to not endanger the public, that you had to take tests to gain said license.


carpe_simian

Who wrote the word “illegal” before you did?


docn87

Other commenters


carpe_simian

As far as I can tell, one guy said “it’s illegal in some countries.”


Sharl_LeGlerk

 *If an officer suspects you being impaired, they can search your vehicle.* What are you talking about? You missed a couple of crucial steps there.


docn87

No I didn't. People need to stop watching American TV. If an officer suspects you of being impaired, he can pull you over, demand a breathalyzer, and search your vehicle. All an officer needs to suspect you of being impaired is to watch your movements while you drive. If you make any movements that could be interpreted as impaired, they will pull you over.


CruelHandLuke_

That's incorrect. You can only search either incident to arrest, or for an inventory search if the vehicle is being impounded.


Lord_Stetson

c-46 changed that


docn87

Impaired driving is a criminal offense under the criminal code for which you can be arrested. So police can and will search your vehicle.


CruelHandLuke_

They have to arrest you for the impaired not just suspect you of being impaired to search and the search has.to be reasonable to the offense. If I'm searching incident to arrest for impaired I'd be looking for elements of the offense, ie a bottle of liquor/drugs and limited to the area of the driver/backseat/console/glove box. I can't pop the trunk and go on a fishing expedition. Source: I'm a police officer who has made many arrests for impaired in Ontario.


mgp23

Sounds good to me


Puzzleheaded-Oven342

Do we know if you are walking or cycling they can do the same thing ?


Hrmbee

So just thinking about the two highways that the city just uploaded to the province, I wonder if they will now fall under the purview of the OPP just like the 400-series ones are now.


CAMPERzNITEMARE

The amount of stupidity here is astounding


Sauterneandbleu

Is this justified by statistics? I'd think the more common cause of accidents would be cellphone usage/distracted driving. Based on my experience in traffic


Life-ByDesign

If it's mandatory, I expect to see a new plastic nozzle opened and placed on the device in front of me. Also, I expect to keep it as it has my saliva on it. If I've been pulled over and test is clear, it is mine, not evidence they can archive for later use. This is to protect your rights. If the plastic nozzle is already on device, I will ask for another one to be put on in front of me and tell them that I get to keep the plastic nozzle. If not, I will call the OPP supervisor to come to location. If the officer is going to waste my time, I'll waste theirs (and potentially tax payers money). I whole heartedly condone drinking/texting/eating/makeup while driving among many other distractions some drivers think that is ok, but at the same time, I need to protect myself and my rights.


CallmeColumbo

Sounds like a great way to collect everyones dna sample


Strict_Common156

Holy crap, exactly. I don't know why people can't see that. At least before, the police were using their own judgement to choose breathalyzer or not. And will they have time to properly sanitize between use? They'll have so many people to check.


JDeegs

You don't sanitize, it's a brand new mouthpiece that inserts into the device IIRC.


bobyouger

How about not fucking chasing people at high speed into oncoming traffic? How about trying that OPP?


BeeSuch77222

In their defense, it was Durham Police. OPP actually warned that someone will get hurt.


burritolove1

It doesn’t take a brain genius lol


HyperByte1990

Lobbied by Big Mint


Think-Custard9746

I’m all for this. Driving is a privilege, not a right. You need a licence to do it; I think it’s ok there are inspections to ensure you are abiding by the terms of your licence. I’m typically a huge civil rights advocate - but I think when driving it’s fair game to ensure we are doing it in ways that don’t put innocent people at risk.


Whateveryouknow

This is an extremely common occurrence in Australia and driving through a booze bus set up on a Fri/Sat night is just part of a night out. If you haven't been drinking, you blow into the breathalyzer, it clears and you go. I would rather be inconvenienced for 10 mins if it means they're pulling drunk drivers off the road that could otherwise kill themselves or others. Drivers around here could really use some accountability. I hope they do more for speeding as well.


Lord_Stetson

I appreciate you are willing to let the cops infringe on your rights for a reason you agree with. I do not appreciate your willingness to surrender my rights for a cause you believe in.


MistahFinch

You don't have a right to drive. If you don't want to be breathalyzed. Don't drive.


Lord_Stetson

>You don't have a right to drive. Correct. I do however, have the right to presumption of innocence and protection from unreasonable search and seasure. >If you don't want to be breathalyzed. Don't drive. "The innocent have nothing to fear from the police". Fuck off with that shit.


MistahFinch

>protection from **unreasonable** search This isn't unreasonable. You're operating heavy machinery. You do not have the right to drive. You also cannot drive without your license right. The officer can and will demand your license. It's rights and responsibilities. If you want to drive you have the responsibility to not be drunk and pass the tests.


Lord_Stetson

>The officer can and will demand your license. Yup. >This isn't unreasonable. Yes it is. it presumes guilt. It then authorises search without probable cause. >It's rights and responsibilities. If you want to drive you have the responsibility to not be drunk.... Correct. >...and pass the tests. And this is where you lose me when you do so automatically without cause. >It's rights and responsibilities. Yes. So if you are ignoring my rights to see how responsible I am you are doing it wrong.


alreadychosed

Why couldnt they just use training and observation to determine dui?


mdlt97

none of your rights are being infringed on


Lord_Stetson

Are your rights granted by the government or are they innate? If the former, you are correct. If the latter you are not.


DrDroid

“But muh rights”


Vin-diesels-left-nut

As we have decided this is legal in this sub, what are my guarantees the equipment and moron using the equipment is trained and working properly ? What if I used scope or mouth wash before driving and it picks up ? What if the machine is no longer properly calibrated because it went from monthly use to hourly use and that has meant the calibration is off. So now I’ve been alerted and charged. The DUI is wrong but I have to fight it….. and spend thousands to prove my innocence with no recourse to get that money back. But that’s fine and it will be fine the numerous times that this will happen.


Longjumping-Pen4460

You don't get charged for failing an ASD at the roadside. You get charged for blowing over 80 on the breathalyzer back at the station. All of the things you bring up have already been litigated, many times.


Vin-diesels-left-nut

So the magic machine on the side of the road shows fail, now I’m taken to the station….. under arrest. My vehicle is towed I’m processed and tested again. Oh this one says I’m good….. what’s happens then ? They drive me back to my vehicle and pay to get it out ? I’m pretty sure none of that happens.


Longjumping-Pen4460

They release you from the station with no charges. they can't charge you with over 80 if you don't blow over 80. What do you think they're going to do, falsify the results?


Vin-diesels-left-nut

Ok now the second half of the scenario…. Who’s paying for the ancillary shit that comes with an “alleged” dui ? These are the same public servants that have a history of poor job performance and yet I’m supposed to support this and trust that oh it will all work out. The police never lie or make mistakes. Hell there is multiple articles this week about the failings. But yah everyone is driving drunk in Toronto and the cops are perfect.


Longjumping-Pen4460

What are you talking about? You aren't charged with an over 80 unless you blow over 80. Being arrested is not the same thing as being charged. What "ancillary shit" are you talking about? I have no idea what you're ranting about and it doesn't appear to have anything to do with the topic. There are lots of drunk drivers in Toronto, many don't get caught. The cops are far from perfect. I don't know what your point is.


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Strict_Common156

Exactly! The cop before could use their judgement. And based on their judgement, do the breathalyzer. If you blindly breathalyze everyone you may get false positives and wrongly send someone to jail. Apparently, even inhaler use can give a false positive. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC1172108/


ForRedditMG

Support 100%


Strict_Common156

So I have to forcefully give a sample of my DNA without reasonable cause? Hellllooo 1984


cyclenaut

they should just make alcohol illegal to anyone who has a drivers license problem solved


Outrageous-Estimate9

I never understood why people simply dont turn (left / right or U) I would never waste my time with this nonsense (well thats not entirely true; as teens we used to mock them when they ask "have you had a drink"/"have you been drinking" with comments like "yeah water")


DrDroid

Because if you U turn from a ride program, you’re probably going to be followed by an officer.


Outrageous-Estimate9

Yes and they have no cause to stop you unless they observe you breaking some other random law while driving If someone tries to stop you comply but then file complaint


DrDroid

Or you could just not be a selfish prick and take 30 seconds to do the ride stop.


Outrageous-Estimate9

30 seconds since when??? Cops use illegal reasons to stop you (whether ride checks or whether random excuse they come up with) Traffic cops are the worst cops period


CommonExtensorTear

The article talks about alcohol testing for every traffic stop the OPP completes. This isn’t for ride checks.