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DUI : Driving Under the Influence; DWI : Driving While Intoxicated; OUI: Operating Under the Inflence; OWI: Operating While Intoxicated; Impaired Driving: Impaired in Canada to Slightest Degree; Over 80: Excess BAC alcohol in Canada over 80 mg/100mL;  Care  or Control:  Occupy seat normally occupied by operator in Canada,  act or series of acts  involving use of car , fittings or equipment


 

 

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DUI, DWI & Criminal Legislation in Ontario  

Highway Traffic Act of Ontario , section: 216 (1)

Warning: This is NOT a government web site. The information provided herein has NOT been provided by a government. This information has been provided by a lawyer or attorney or student, for the purpose of providing basic information about the laws and regulations enacted by a government and the government offices that apply laws and regulations, and for the purpose of encouraging discussion and facilitating proper legal challenges related to the application of laws and regulations made by government. Citizens always have the right to challenge government. Citizens need independent information not provided by government about government offices, phone numbers, locations, and their services or lack thereof. Please note that the information provided may not be up to date. It is your responsibility to meet with a lawyer or attorney in person to get complete advice. Information provided by some government sites may also be sometimes out of date, sometimes incomplete, or sometimes focused on protection of government politicians, officers, policy initiatives, and interests. It is essential that you retain and instruct an independent lawyer or attorney to represent YOUR interests and inform you accordingly. 

DUI Procedure/Evidence, Power to Stop by a Police Officer

216. (1) A police officer, in the lawful execution of his or her duties and responsibilities, may require the driver of a motor vehicle to stop and the driver of a motor vehicle, when signalled or requested to stop by a police officer who is readily identifiable as such, shall immediately come to a safe stop.

(2) Every person who contravenes subsection (1) is guilty of an offence and on conviction is liable, subject to subsection (3),

(a) to a fine of not less than $1,000 and not more than $10,000;

(b) to imprisonment for a term of not more than six months; or

(c) to both a fine and imprisonment.

Comments : This section gives police a broad power to stop vehicles on Ontario roads.

In the past lawyers used to litigate over 80 cases on the basis that the stop was illegal, that the police had no good reason for pulling the vehicle over, leading to the formation of reasonable suspicion of alcohol in the body or reasonable and probable grounds to arrest for impaired driving or over 80. Unfortunately for those charged it seems that police now have a very broad power to stop any vehicle on the road for whatever reason. Just about any reason can be justified under the Highway Traffic Act.

Abuses by police of this power will continue to be litigated in cases of racial profiling.

Update this Section | Other  Legislation in Ontario

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20131029153939

bulletR. v. Saunders
bulletReason for the Stop
bulletSee also section 48
 

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315

 

 

 

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See also Toronto DUI, Toronto DUI Attorney, Toronto DUI Lawyer, Toronto impaired driving lawyer, and Toronto lawyers

For more information respecting this database or to report misuse contact: Allbiss Lawdata Ltd., 303-470 Hensall Circle, Mississauga, Ontario, Canada, L5A 3V4. The author and the participants make no representation or warranty  whatsoever as to the authenticity and reliability of the information contained herein. Advertisement. These lawyers do not practice in association. WARNING: All information contained herein is provided for the purpose of providing basic information only and should not be construed as formal legal advice. The authors disclaim any and all liability resulting from reliance upon such information. You are strongly encouraged to seek professional legal advice before relying upon any of the information contained herein. Legal advice should be sought directly from a properly retained lawyer or attorney.

Warning: This is NOT a government web site. The information provided herein has NOT been provided by a government. This information has been provided by a lawyer or attorney or student, for the purpose of providing basic information about the laws and regulations enacted by a government and the government offices that apply laws and regulations, and for the purpose of encouraging discussion and facilitating proper legal challenges related to the application of laws and regulations made by government. Citizens always have the right to challenge government. Citizens need independent information not provided by government about government offices, phone numbers, locations, and their services or lack thereof. Please note that the information provided may not be up to date. It is your responsibility to meet with a lawyer or attorney in person to get complete advice. Information provided by some government sites may also be sometimes out of date, sometimes incomplete, or sometimes focused on protection of government politicians, officers, policy initiatives, and interests. It is essential that you retain and instruct an independent lawyer or attorney to represent YOUR interests and inform you accordingly.