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- Joined: Wed Feb 23, 2011 7:44 pm
Unlicensed Driver During Ride Check, Help!
Hello Members,
Quick info.
I drove through a RIDE program and the officer began asking questions that I found not relevant to the RIDE program mandate. He began asking me what I did for a living, where I lived after I had told him I had nothing to drink and I found those questions invasive and would not answer them. The officer went absolutely berserk telling me he would "throw the book at me, and give me every DUI test under the sun". The officer had me step out of the vehicle and his partner walked over with a few taunts of his own. I asked both of them why were they interrogating me?
So the officer tells me I must take the breath test, I accepted since I did not want this to escalate into a disaster. He then pats me down and tosses me into the back of the cruiser. Low and behold I blow 0.000. The officer then tells me he will check for any outstanding warrants. He comes back telling me the MTO inquiry showed my license was not valid. NOT A SUSPENSION just not valid. He hands me back my license and his partner tells me that unless I now beg them they will tow my car 20 meters over to a parking lot and the bill will be $400. He eventually let me drive the vehicle over to the parking lot since it was literally 20meters from the check. I call someone to come pick up and drive my car.
I plan on defending myself in this case. The case I am referencing will be
R. v. Ladouceur [1990] 1 S.C.R. 1257: Random routine traffic checks
The majority of judges ruled that random checks are justified but they specifically wrote that the questioning must be related to the offense.
"Once stopped the only questions that may justifiably be asked are those related to driving offences. Any further, more intrusive procedures could only be undertaken based upon reasonable and probable grounds. Where a stop is found to be unlawful, the evidence from the stop could well be excluded under s. 24(2) of the Charter."
My argument is that essentially the officers questioning had nothing to do with a RIDE or spot check mandate or DRIVING in general, and had I allowed my privacy to be violated the officer would never have escalated the situation. Basically the officer was no longer acting in a professional manner or with any "legitimate motive" but purely out to nail me with anything. Thereby any evidence obtained by the officer should be dismissed along with the case.
I would like critical analysis of my defense and if I should be looking at anything else to defend myself with. I am NOT attempting to challenge the RIDE program itself, merely the procedure that the officer had used.
Thank you forum.
JimmyTheGent