A police officer stands next to a car he pulled over for speeding, reaching for the driver's ID. The focus is on the police car in the foreground with lights on. The policeman is out of focus in the background and unrecognizable.

Understanding police powers: Can you be pulled over for drinking?

Have you ever wondered if a police officer has the right to pull you over just to check if you’ve been drinking? Understanding your rights in these situations is crucial. In this blog post, we’ll explore the legal framework surrounding police stops for suspected impaired driving. We’ll discuss the conditions that must be met for a lawful stop, as well as the limitations on police officers when it comes to private property. If you find yourself in need of criminal defence services, Collett Read LLP is here to help.

I. Can a police officer pull you over to check for alcohol consumption?

Under section 48(1) of the Highway Traffic Act (HTA), police officers have the authority to stop drivers to determine if they are driving under the influence. However, three conditions must be met for this power to be exercised:

  • Easily recognized police officer: The officer must be easily recognizable as a police officer. This ensures that drivers can identify legitimate law enforcement personnel.
  • Considered a “driver under the HTA: The person being stopped must fall under the definition of a “driver” as outlined in the HTA. This typically refers to individuals operating or in control of a motor vehicle on public roads.
  • Purpose of the stop: The purpose of the stop must be to gather enough evidence to request a breath sample or conduct other tests to determine the driver’s sobriety.

II. Can a police officer pull you over on private property for suspected impaired driving?

In a 2023 Supreme Court of Canada decision (R v McColman), it was established that section 48(1) of the HTA does not grant police officers the legal right to conduct random sobriety stops on private property.

The Supreme Court clarified that the term “driver” in section 48(1) of the HTA specifically pertains to individuals operating or in control of a motor vehicle on public roads. Therefore, a random stop on private property cannot be justified under the HTA.

If a stop on private property lacks a legal basis under the HTA, it can only be considered lawful if it falls within the common law power to detain someone for investigative purposes. This requires two essential elements to be considered lawful:

  1. Reasonable grounds: There must be reasonable grounds to suspect that the person is connected to a specific crime, such as impaired driving.
  2. Reasonable necessity: The detention must be reasonably necessary to investigate the suspected crime.

During the trial in question, the officer admitted that the accused did not exhibit any signs of intoxication, indicating the absence of reasonable grounds to stop the individual. Consequently, the stop was deemed unlawful and violated the accused’s right against arbitrary detention under the Charter.

If you’re facing legal issues related to impaired driving or other criminal charges, it’s essential to seek the assistance of experienced legal professionals. Collett Read LLP specializes in criminal defence services and can provide expert guidance tailored to your specific situation. Contact us through our free consultation form or give us a call at (905) 541-2228 to discuss your charges and protect your rights.

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