ANSWERING QUESTIONS AT A DUI CHECKPOINT

[@blackkettlecall]

I was recently pulled over in Squamish British Columbia by RCMP who observed me leaving a pub at 1:00 pm (lunchtime). After being pulled over the officer approached my driver's window. I stated that I was filming him on my phone. He had no problem with that at the time. He of course asked if I had been drinking to which I responded "I don't drink." I added that I would comply with mandated DUI exam (breathalyzer) but "I will not answer questions without my lawyer present", to which he immediately threatened me with OBSTRUCTION if I didn't comply (obey his authority). He now became agitated/passive aggressive by way of a bombardment of questions in a failed attempt to trip me up, then proceeded to threaten me in a violent manner (using speech) to stop recording or he would take (steal property) my phone, then demanded I exit the safety of my vehicle to finally blow (breathalyzer) which was 0.0 because I don't drink (only went to the pub for a great lunch special). The officer also failed to give me the incident number upon request (not that I would dare file a complaint on an RCMP officer who's violating my rights to remain silent; protected rights under the Canadian Charter of Rights and Freedoms (the very rights this officer swore an oath to uphold). This cop (if he wanted to) could have arrested me at anytime without cause or charge, held me in jail for 24 hrs, added any trumped-up charge at will, at which point he would THEN inform me "I have the right to remain silent and speak to a lawyer. Welcome to Canada folks. It says "To Protect and Serve" on the side of their police car... it just doesn't say who.

[@TYRONE_SHOELACES]

It's just not the same in Canada ...even the JUDGES are on the side of the cops and not the law. Here is one story I have read about Canadian Judges in General. Say you get stopped walking down the road, you are told you are detained, just so the Officer can keep you there and try to get you to say something that could lead to a charge. After the cop lets you go, you file a formal complaint saying you were unlawfully detained by a cop. Here is how the Canadian Judges all see this. The Judge will tell you that being unlawfully detained for LESS than 15 minutes is described as being " Inconvenienced", that's all, you were not physically detained, you were verbally told you were not free to go...that does not constitute enough of an unlawful detained to " win your case". In fact, me saying here that the Judge will say that is wrong, it doesn't even get that far, you file a formal complaint, it goes to the Police Complaints Commissioner's Office, where they review your complaint and simply say " not enough evidence for unlawful detainment" ...you have to have been handcuffed, searched, tossed in a cop car, driven to the station, held overnight and then let go with no charges before the Commissioner will even half ass look at your complaint, and then they will say the same thing, hoping you don't have the time, resources to appeal it where it THEN will be found to be in your favor. PS: I WISH I had not invested over 10,000 hours in self-taught Canadian Law, the more I read, the more pissed off I became.

[@blackkettlecall]

@@TYRONE_SHOELACES I agree with you one hundred percent friend

[@sandystanley1237]

The criminals

[@Paul-gf9fc]

The RCMP is complete and total trash

[@wolfhall-f7f]

We don't have DUI in Canada . We have Impaired Driving. Also, not sure why he'd hold you in jail for 24 hours ?

[@TYRONE_SHOELACES]

If you blow zero on the roadside test, but the officer says you failed the SRST, then you are CHARGED, car towed, impounded, you are taken to the station where you blow zero again ...what happens now? ...DO I have a DUI CHARGE but NO conviction on my record? Am I stuck with hundreds of dollars in charges for towing and storage of my car...how long before I get my car back. I have a job with a high security clearance with the Canadian Navy. If I am CHARGED with DUI, do I lose my job when the Navy finds out? ...nobody has any answers to these questions ...and I am running out of places to ask.

[@rjstewart]

And you have a suspension on your license which will triple your car insurance, assuming anyone is willing to have you as a client.

[@Panda-gs5lt]

The charge is ‘Drive while impaired by alcohol OR A DRUG.’ Breathalyzers and their equivalents only test for alcohol. SFST tests do not differentiate between alcohol or drugs, they demonstrate the level of impairment in a human. So yes, even though you ‘blow’ a zero, you can still be impaired and therefore charged.

[@JxH]

Best to answer: "You'll never take me alive, Occifer. .:hic:. "

[@rustyrooster4879]

🤣

[@jonathanduplantis1403]

It didn't work

[@DPaulPa]

PLEASE specify if your topic answers are Ontario-specific, or applicable across Canada. Thank you

[@coreyyanofsky]

1:05 "I can't tell you to lie, as you know as a lawyer I have an ethical obligation to say either remain silent or tell the truth" 2:06 "I can't advise you to lie, obviously many people do and they seem to get away with it" 2:31 "I can't advise you to lie, I'm not doing that, I guess I know what I would do in that particular situation of course and I'll leave it at that" hmmmmmmmmmmmmmmmmmmmm

[@chrish6001]

Any update on the new ability for police in GTA and more areas able to know request everyone stopped take a breathalyzer?

[@rjstewart]

It’s not just a GTA thing. Police have always had this discretion but now there’s a policy that they should do it at every stop.

[@Bayern2232]

If it’s past midnight and a cop asks you if you’ve had anything to drink tonight, and last you had a drink was before midnight, is that lying technically?

[@dontbovver4413]

Is he asking if you've drank anything 18 hours into the future? It seems like an issue of semantics which will just aggravate the cop. There really is no good option. If you don't deny then they will almost always send you to secondary where you will be administered a breathalyzer.

[@unclecrypto6991]

"Night or nighttime is the period of darkness when the Sun is below the horizon."

[@AutoCrete]

Decades ago I got pulled over with no reason. (fishing expedition?) It was around 5 or 6 PM and the cop asked if I had anything to drink that day. I replied that I had a beer with lunch between noon and 12:30. The cop said I didn't have to be that honest. I just said You asked.

[@CCRAF-YT]

WE HAVE NO RIGHTS AND YOU MUST COMPLY WITH THE APPROVED SCREENING DEVICE DEMAND NOW. What you have not addressed is if you blow a "warn" and what your rights are after that point. I was profiled, forced to comply with the demand, and then told they would not bring a second ASD to the scene or allow me the chance to get a numerical reading from the intoxilyzer unless I was taken into custody , processed, and allowed to provide a sample to get a numerical reading. I was also told even if I blew under 50 mg, my licence WOULD STILL BE SUSPENDED BY THE SERGEANT I HAD REQUESTED TO ATTEND THE SCENE . Needless to say an immediate LECA complaint was submitted and I am waiting to hear from the professional standards investigator at that police service what is happening. You might want to address this topic. Tyrant cops are everywhere and I have the audio recordings to prove it.

[@chrisorchard8473]

Mike, i would try and talk my way out. But thankfully i don't drink/drive. I take a taxi. Question: I used to believe signing my name on my drivers license, both gave me legality to drive, but also made me and everybody else with the license tied to the rules/laws of the road. I was surprised to find one day, that people who don't have a driving license can also be charged with the laws regarding driving anything. So whats the point of going through the procedure of getting a license if signing your name to an agreement mean nothing legally?

[@fahqahsowl6498]

It's to brainwash you, duh. If the driver's license was about safety then why do they never test you once you get it when you're a juvenile until maybe not again until you're 70? They'll claim it's for safety but the evidence doesn't bear it out and everyone who thinks you need a driver's license does so because they're brainwashed into thinking that it's important. The only reason why you get a driver's license is to prevent yourself from being persecuted, not prosecuted... persecuted

[@northerndave58]

Hey Mike I’ve never seen this scenario addressed before and I’d like your thoughts. What happens when you’re a throat cancer neck breather and can’t blow through your mouth and they can’t smell your breath without sticking their nose in your mouth, is that a trip to the hospital for bloodwork? Hope you see this comment. Thanks in advance.

[@fahqahsowl6498]

There's case law about this very subject. Go check canlii

[@sawajyd]

I thought in Ontario its called impaired driving, DUI is the American acronym for being impaired behind the wheel, maybe they changed it , but i don't think so,

[@kinggrizzly13]

Always video record the encounter.

[@MrAstinmartin]

Good advice

[@goat9199]

I hope that what you would do in that particular situation is: not be driving under the influence.

[@davidcranton9274]

My experience has been: if you confirm that they are asking you to volunteer an answer and the decline to answer… Thunder Bay Police Service gets very angry, start yelling at you demanding repeatedly to know why your declining to answer. Just ballistic. Then they demand your licence. Want to avoid that ugly situation-say no. Twice my experience. OPP on the highway also want to know where your coming from and where your going. One experience: “yes I’ve had two beer and that sucks” “why” because now you have to breathalyzer me in case I’m lying” “you can go” another time I refused to answer…demanded a sample saying I smell alcohol, breathalyzer said zero, because I hadn’t been drinking, “that’s a surprise!, you can go” unapologetically. In Thunder Bay, best to say “no” regardless of your status…unless you have time and want to be yelled at, by a guy with a gun.

[@joshua8883]

I've been through alot of these over the years and it's quite simple and quick if you're not a jackass or one of those sovereign citizens or have been drinking. Drinking and driving is stupid anyway and you'll have no mercy from me.

[@DennisMcCoshen]

what if your not drinking

[@katchoo1865]

I enjoy riding my motorcycle around. I have been stopped by police both at a check stop (Manitoba), or pulled over. I have even passed a check stop and deliberately turned around and driven into it. During the stop I provide any details required and engage in additional conversation, usually questions about the bike. I have been seen by the other officers present being law abiding and cooperative. I believe this has prevented me being stopped or let pass quickly through a check stop upon further encounters. This has resulted in me no longer being seen as the renegade that I was tagged for when I was younger. Each person has their own ways of dealing with the police. I find a friendly response has resulted in fewer stops and fewer speeding tickets.

[@duncan3167]

What are the consequences of lying in this situation ?

[@conz000]

guilty conscience

[@waynegeordiesdad648]

LOL.......Beautifully 'explained' I hope people realize this is Canada, not America so while we do want to 'assert' our rights, provocation is pointless and will only delay the situation, not avoid it.

[@fahqahsowl6498]

Well, your good and brainwashed... Leave it to a bootlicking Canadian to think that standing up for your rights is somehow a problem

[@TYRONE_SHOELACES]

ONE question: ... Can a Canadian police officer make me perform the SRST TWICE or MORE? ....or after performing the test once, I'm free and clear of further tests at the roadside. I know if I'm taken to the Station and told to sit down with a DRE trained officer, he can re-test me ...he performs 12 operations during the DRE test ...one of them being the SRST again.

[@timewellwasted3341]

Mike, as always, thanks for a great video on a complicated issue. In Ontario, roadside sobriety tests are mandatory (unlike some States where you have the right to refuse). If you exercise your right to remain silent, chances are, most cops are going to pull you out of your car and make you do the tests. Unless someone is obviously drunk, these tests are not reliable. Many sober people just don't do well at them. You may insist on a breath test after a cop arrests you for being "impaired". If he fears you'll blow 0.00 on the roadside machine or the one at the station, can he forego this test and charge you with impaired driving based solely on your poor performance with the roadside tests? (i.e. you were uncooperative and he'll mess up your life and arrest and charge you without giving the opportunity to absolve yourself on a breath machine. It's probably unheard of not to proceed with the roadside breathalyzer but can this happen?

[@exponentmantissa5598]

They ask if you have been drinking. You say my right not to answer. Next thing out of their mouth will be I smell booze.

[@Wink_Dinkerson]

Driving over .08, driving while impaired and care / control of a motor vehicle while impaired...... Three charges that, if convicted, will ruin your future. Take a cab or spend the night at a hotel. It's cheaper than a lawyer...... no offense.

[@rjstewart]

As much as I would prefer to remain silent, I don’t want to spend the next 20 min hanging out with the cop being made to blow a breath test. I don’t ever drink and drive so I never have alcohol on my breath so I simply reply politely and go on my way.

[@dspears666]

So what’s wrong with saying you had nothing to drink when that is the truth?

[@alikaperdue]

If everyone choose their right to remain silent at all times, then all of their tricky questioning tactics would be pointless and stop.

[@ronaldwest2264]

Whenever they ask stupid, none of their beeswax, questions, like where are you coming from and where are you going?, I just screw up my face and say, why are you asking me that, Sir? Or, why on earth do you need to know that, Sir? Or, what is it that you are really fishing for, Sir? Or, what is it that you really want to know, Sir? I have one of these same responses to every other question the cop asks, and it forces them to come up with some bullshit excuse or even an outright lie. In any event, it gets around the pissing contest that invariably erupts when you take the antagonistic position of refusing to answer their questions and they either have to answer my question, lie, or mount an outright challenge, like, because I'm asking you, that's why, or my favorite, if you have nothing to hide, then you don't have to worry. Whenever a cop says that you don't have to worry... that's when you worry. Then you just say, oh really officer, you know damn well that you are not entitled to ask fishing questions, and besides, you don't need to know where I'm coming from or where I'm going, and frankly, with all due respect, it's none of your business where I've been and where I'm going. At that point, he will usually say, have a nice day, unless of course, you smell like booze because he knows that you are right... he doesn't have the right to ask and he doesn't need to know, and you did it without pissing him off or having a duel of wits. Also, throughout the entire episode, ask if you are being detained and/or investigated for a crime? Oh, I'm not being detained... can I go now? This is a good thing to ask after you have countered his stupid questions with one or two of the above reverse-questions, then slip in the can I go now question. If you do it properly, you will see how elegant it is, based on my many years of hassling with cops. The entire episode should be over in about 59 seconds if done right. Remember also, Chekstop roadblocks are an Arbitrary Detention under the Constitution, and they are technically illegal, so they cannot just charge you if you are drunk. They need to get Probable Cause by asking you trick questions and/or by forcing you to blow into their handheld device. If you blow over .05, you get a 24 hour suspension, and if you blow Red, you are over .08, and you will be arrested, and have to blow into the big machine cuz the handheld reading isn't admissable in court, so if you know that you are barely over, STALL, and waste as much time as possible because they have to blow you within 2 hours of being arrested, and the result they get is deemed to be the BAC at the time you were arrested, so if you are .01 over .08 when you got arrested and you can stall them for an hour by demanding a lawyer, etc, then by the time they blow you, you will be under .08, and you will be released. You burn off .015 mg% per hour. Also, they have to do two samples, no less than 15 minutes apart, and you get the benefit of the lowest reading. Most cop shops will not charge you unless you are .1 or over as well, which is about 3 beers for the average dude. Have fun! Best not to drive if yer drinking. An impaired charge will cost you $30,000 on average.

[@sketchysamaritan]

Catch 22?.. just living in Canada with our creepy crappy cops and justice system is a catch 22😮😢

[@fahqahsowl6498]

You're not even close to free in Canada

[@VidWatcher-v4j]

Real question. You have the right to talk to a lawyer, and they will provide one for you. Can you insist on talking to your a lawyer of your choice even if you don't have one?

[@VidWatcher-v4j]

Silly question. When the cop asks if you understand your rights? Can you say you're too drunk to understand them? If you did, what would happen?

[@gnorth5110]

You can always say, no I don't understand. You have every right to understand the Indictment. If not, they can't prosecute you. They want you to get a lawyer to re-present you (i.e. they mean you are an imbecile and unable to comprehend such matters, but your lawyer does.). It's all contract law, the legal colour of law, mumbo jumbo. So, I say, no, I need to understand.

[@fahqahsowl6498]

That's the difference between strict liability and absolute liability

[@UncleBuZ]

🍹🍺

[@321okaygo8]

Pretty sure we don't have "carding" in Ontario. Therefore, you only have to provide ID if you're suspected of committing a crime. If you refuse the breath test, they'll charge you anyway. Not sure if it's better or worse if you have been drinking over the limit.

[@notpoliticallycorrect4774]

If driving, you have to produce a license and can be stopped at anytime, no reason needed. You are confused with the US.

[@rjstewart]

Under Canadian common law it’s been fully upheld that you must provide your license when performing a licensed activity like driving. They don’t need any justification if you’re behind the wheel. As the other poster pointed out, this isn’t the USA where different rules may apply in different states.

[@fahqahsowl6498]

@@notpoliticallycorrect4774 Wrong. Pull you over for no reason. They have to have a reason so they will make one up. And that's where the lack of freedom in Canada is tantamount, because the courts will go along with it.

[@russell2952]

Let's all admit that DUI is criminal. Let's also admit that it's ok to catch these criminals. DUI checkpoints are there to catch people who are under the influence, and that there's no technicality or magic words that can make the police officers let you get away with it is ok too.

[@fahqahsowl6498]

If DUI is criminal than what crime has been committed? please define what crime is.

[@MikeW-yk5tr]

Not much of a right if there just going to look at you as guilty if you say nothing.

[@fahqahsowl6498]

As far as the Canadian justice system thinks, a right is only what they want it to be... not what it really is.