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Driving while impaired can have many consequences. Other than the fine and vehicle seizure, there is also a chance of having your driver’s licence revoked.

To be able to arrest you, the police officer must normally have reasonable grounds to believe that you are committing an offence. He can also invoke section 636 of the Highway Safety Code:

636. Every peace officer recognizable as such at first sight may, in the performance of his duties under this Code, agreements entered into under section 519.65 and the Act respecting owners, operators and drivers of heavy vehicles (chapter P-30.3), require the driver of a road vehicle to stop his vehicle. The driver must comply with this requirement without delay.

To this end, the Supreme Court of Canada rendered a judgment, R. c. Ladouceur [i], in which it was mentioned that random routine checks do not infringe on the rights guaranteed by Article 9 of the Charter. In fact, police officers can question a person based on lawful grounds for motives related to: driving an automobile, checking a driver’s licence, checking insurance policies and the sobriety of the driver, as well as the mechanical condition of the vehicle.

However, when an officer stops a vehicle, the only questions that they are justified to ask are those pertaining to highway safety offences.

 


[i] R. c. Ladouceur, [1990] 1 R.C.S. 1257.

To put all the odds in your favour and in order to avoid serious legal consequences, enlist the help of BF Contravention professionals.

In case of emergency, call us off toll-free at 819-475-5122.

Whatever your situation may be, don’t hesitate to call upon our team of professionals specialized in the Highway Safety Code. They will be able to help and guide you on the road to recovering your vehicle.

For more information:

Drinking and driving
Getting back your’s driver’s licence after a drinking and driving offence