Under the Criminal Code of Canada, a DUI offense is considered to be highly serious one. When a person is charged for DUI, it can lead to jail term as well as heavy penalty. Sometimes police officers of Toronto randomly pull over a car and checks whether the driver is drunk or not.
It doesn’t matter whether a person is drunk or not. As soon as a person’s car is pulled over, the person has some rights. Criminal lawyers Toronto can help clients to know about these rights and responsibilities. For instance, as per the new Ontario regulations, police officials are banned from randomly stopping a car and carrying out checking. This is done in order to forbid police officers from collecting information about a person based on their race.
What The Lawyer Points Out?
DUI attorneys make it clear that a person whose car has been stopped has the complete right to refuse talking to the police officer. This reason is not enough for the police officers to detain the concerned person.
According to criminal lawyers Toronto, the action of police officers shouldn’t be solely dependent on curiosity. There should be a reasonable ground for stopping a car randomly. For instance, if a police officer suspects a car of speeding because of drunken driving, then it should be proved in court. The court might ask the law enforcement official to show the report of the breathe test.
Conditions When Police Can Stop a Car
However, DUI lawyer states that a police officer can’t stop a car just on the basis of profiling. If a police officer does so then the issue can be taken to court. At the court, one would need to prove that it violated the Charter rights.
According to Criminal lawyers Toronto, the police is known to have the complete the right to stop a vehicle legally and check:
- If driver has taken drugs or alcohol
- Whether the driver is having a valid license
- For checking the insurance and registration status of the vehicle
- If the vehicle is mechanically fit to be driven
In this respect the Supreme Court of Canada rightly points out that the Charter Rights won’t get violated if a police officer asks for these things.
Do You Need A Lawyer?
If a police officer stops a car without any valid reason, one should immediately get in touch with a DUI attorney. This is because searching without reason is considered to be a violation of a person’s right.
When one gets in touch with an experienced Criminal lawyers Toronto, the attorney will first of all look for the reason for which the search was conducted. If the police officer fails to provide a proper reason, the lawyer can build a strong case depending on Canadian Charter of Rights and Freedom.
When in doubt, you should always get in touch with an expert lawyer. They can provide the best option available for your case so that the rights remain protected.
Police officers can conduct random checks for catching impaired drivers. Impaired drivers can’t get the support of Criminal lawyers Toronto for stopping the police from conducting physical tests.