Sunday, June 4th, 2023

Ottawa Lawyer | Random Breath Tests Could Soon be a Reality in Canada


OTTAWA CRIMINAL DEFENCE LAWYER – In Ontario, breath tests are a method frequently used by police officers to determine whether a driver should be arrested or charged for drinking and driving. Until now, drivers have been required to perform breath tests only after displaying some sign of inebriation while behind the wheel – erratic driving, for example.

But if Federal Justice Minister John Nicholson’s plans are successful, police officers may be able to conduct these tests at random, with or without indications of drunkenness.

The Minister is attempting to gather support from leaders of the Canadian provinces in order to make random roadside breath tests a reality across Canada. He has already met with premiers in British Columbia and Alberta to discuss the idea.

This new push for random roadside breath testing follows urging, earlier in the fall, from Mothers Against Drunk Driving (MADD) Canada to introduce this new change in police procedures.

As a criminal defence lawyer specializing in impaired driving, a concern I share with many other lawyers is that random breath tests may violate individuals’ rights under the Charter of Rights and Freedoms.

I have successfully fought to have many impaired driving charges dismissed by bringing Charter applications to prove that the arrests were unfair. Legalizing random breath tests would only serve to increase the number of unreasonable driving arrests in Ontario.

Have you been charged with Impaired Driving, “Over 80,” or any other criminal driving offence in Ontario? It’s important to speak with a top criminal defence lawyer who can inform you on your rights and help you win your case. For more information, contact the Ottawa criminal defence lawyers at Auger Hollingsworth by email or by phone at (613) 233-4529.

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