What is the Youth Criminal Justice Act?
Do I Need a Youth Court Lawyer?
Ontario
Legislation Sections Database at defencecounsel.com for:
DUI Procedure/Evidence
Power to Stop by a Police Officer
Highway Traffic Act of Ontario
Section number:
216 (1)
Power to Stop by a Police Officer
(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.
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.