The only times this does not apply is if you are endangering yourself or others, or if you are being arrested and charged with an offence under the HTA.

This is done because some people would try to get out of traffic offences by requesting a lawyer and then hoping that the arresting officers either get a more urgent call, or do not want to wait around. It would cause undue stress and delay in the system and so yes, the police do have the right to act as judge and jury AT THAT TIME. As MOST people know, you do get a chance to dispute the charges in front of a JP.

Of course if you’re caught driving while drunk, you won’t get a break from any JP in Canada, and nor should you.

It’s because of people like CS that the system is set up the way it is. These people would do anything they can to try to get out of being held responsible for breaking the law and putting lives at risk. Unfortunately they are out there and they will continue to do stupid things like drink and drive. All the rest of us can do is hope that they do get caught before they hurt someone other than themselves. If and when they do hurt themselves… Good.

It is not a criminal offense, so it’s not something that NEEDS to go to court. If you get a speeding ticket, you don’t have to go to court to get the ticket. You can fight it later on, but this is a different nature of offense. Because your blood alcohol level is obviously not a constant, the cops can’t just be like “you’re in the warning zone, but keep on driving around drunk and we’ll see you in court when you’ve sobered up. Just try not to kill TOO many people on your way home.”

Honestly I think the rules should be more strict than this – apparently a 5 year jail term for killing a mother of four is the strictest sentence ever given to a drunk driver in this province. But at least this is a step in the right direction and I back it wholeheartedly.

And like Grant said. If you don’t want the cops suspending your license on the side of the road, just don’t drink before you drive. Then you KNOW you’re not in the “warning zone”.. not to mention that you won’t kill yourself or others on your way home.

Also the officer doesn’t just decide that you’re over the limit. They use a breathalyzer which is the accepted in field method to test blood alcohol throughout Canada and much of the world. There is also the option for someone who has been stopped to chose to have a blood test done and the officers will take you to a hospital to have said test completed.

I wonder why you would think that removing drunk drivers from the roads is a bad thing? If you don’t drink and drive there’s no reason to be afraid of getting caught.