How Ride Program works from a Brampton Criminal Lawyer’s perspective.
The stop can last around 10-15 seconds or more, the purpose of the RIDE check is not to make sure the driver has licence, registration and insurance,
R.I.D.E. check spots are not chosen randomly. Police target a specific locations. For example, sweeping cross-section of drivers on a committed course, cresting a hill, highway ramps where a person cannot turn back.
Police RIDE program officers look at a number of factors i.e. behaviours cause suspicion to Impaired driving. Some of these factors are: bloodshot eyes, dilated pupils, slurred speech, odour of alcohol coming from the vicinity of the driver or on the breath, red rim watery eyes, weaving of one’s motor vehicle, gum-chewing, driving with open windows in cold weather, headlights not being turned on, evasive responses to the Police’s questions, leaning away from the window when questioned, and rolling down the rear window instead of the front when questioned by police, unco-ordinated movement, sleepiness, lack of ability to follow simple instructions, admission of consumption(I only had one drink).
When the police establish they have enough to determine a motorist has been consuming alcohol they will make a demand for a breath sample. Any Brampton Criminal Lawyer will tell you that you should comply with the Police’s breath sample, as refusal to provide a breath sample will result in a person being charged with Failure or refusal to comply with demand.
An RIDE program officer can demand anyone to take a breathalyzer breath test. A motorist registering zero to 0.049 milligrams of alcohol in 100 millilitres of blood is considered a pass. Anyone who blows between 0.05 to .08 milligrams of alcohol in 100 millilitres of blood will be warned and have their motor vehicle impounded and a driver’s licence suspension:
For three days for a first occurrence
For seven days for a second occurrence and you must undergo a remedial alcohol education program
For 30 days for a third or subsequent occurrence in a five-year period, and you must undergo a remedial alcohol-treatment program and have an ignition interlock condition placed on your licence for six months. If you choose not to install an ignition interlock device, you must not drive until the condition is removed from your licence.
An administrative monetary penalty is also imposed on drivers suspended for registering in the warn range.
When a motorist blows over .08 milligrams of Alcohol in 100ml of blood they will immediately have their vehicle impounded for 7 days and receive an administrative road side suspension of 90 days.
If you find yourself charged with Impaired Driving/Operation of Motor Vehicle with Excess Alcohol (Over 80) it’s not the end of the world. Contact Brampton Criminal Lawyers Saggi Law Firm for a free consultation 647-983-6720.
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