We recently published a blog post regarding the RCMP targeting drivers of Dodge pick-ups for focused scrutiny in Prince George BC. Prince George was just an example where we had noticed it is common practice for Dodge trucks to be pulled over for DUI investigations more often than other vehicles. Kyla also posted a TikTok which touched on the same issue.
This pattern holds across BC. Drivers of Dodge trucks are more likely to be pulled over by the RCMP and required to blow into a police breathalyzer in Nanaimo and Dawson Creek, Campbell River and Williams Lake. When we went public with this it triggered a lot of discussions and some controversy. We were asked whether it is discrimination for the police to target Dodge trucks. It’s a good question.
The issue is whether it is acceptable for the police in British Columbia to target drivers of Dodge trucks for DUI investigations. On the one hand, some argue that this is discriminatory and unfair. Others believe that it is a reasonable and necessary measure to investigate impaired driving.
We’re in touch with many police officers across BC and we heard back, basically the unofficial police perspective. Some denied this outright. Some said it was driving behaviour that caused them to pull over Dodge trucks more often. Some conceded that they are recognizable targets.
Some pointed out that the parking lots of some bars seem to be filled with Dodge trucks many evenings. So there seems to be a tacit admission, and the numbers support this, that if you drive a Dodge truck, the police are more likely to pull you over.
It is discrimination?
Words have meanings and often somewhat intangible implications. The word “discrimination” implies prejudice, which is pre-judging in a manner that is harmful. We work to avoid discrimination based on immutable characteristics such as ethnicity, social status weight, height, age and gender. Despite all good intentions, discrimination and prejudice are chronic problems.
We are all different people. Holding that in mind, discrimination is fundamentally illogical. Having said that, humans look for patterns and make assumptions about patterns from what we are taught or learn. Police officers seem to have been taught or learned of a pattern with respect to Dodge truck drivers. Pulling over certain vehicles for focused DUI investigations because the model of the vehicle is pre-judging before making the traffic stop. One must then ask whether it is permissible.
Opponents of this practice argue that it is unfair and discriminatory to target a specific group of drivers without any concrete evidence of wrongdoing. They believe that targeting Dodge truck drivers based on prejudice and assumptions violates their rights and can lead to wrongful arrests and convictions.
Permissible discrimination
It is important to note that discrimination based on immutable characteristics such as race or ethnicity is not permissible. However, discrimination based on other factors, such as vehicle type, may be acceptable in certain circumstances. In this case, the controversy arises because targeting Dodge truck drivers is discrimination, but it is not based on an immutable characteristic.
Ultimately, the question of whether this practice is acceptable comes down to a balance between public safety and individual rights. While the police have a duty to protect the public from impaired drivers, they must also respect the rights of all drivers, regardless of the type of vehicle they drive.
In the end, it is unlikely that the courts would provide a remedy for this form of discrimination. If the police lawfully stop the driver, they have the authority to investigate regardless of the type of vehicle they are driving. The type of vehicle one chooses to drive is not an immutable characteristic.
Tunnel vision
Our biggest concern, or at least the one that worries us most as DUI lawyers, is when the police approach an investigation looking only for what they are expecting to see. With respect to Dodge trucks, we have noticed the drivers are more often subject to no-evidence breath demands. Basically, the officer pulls the driver over and tells the driver they must blow immediately even though the officer has no reason to suspect the driver has been drinking. If the driver struggles to provide a breath sample and ends up with a prohibition for refusal, it seems particularly unfair if they were targeted for their type of vehicle.
The controversy surrounding whether it is acceptable for the police in BC to target drivers of Dodge trucks for DUI investigations highlights the tension between public safety and individual rights. While targeting a specific group of drivers may be considered discriminatory, it may also be a permissible measure to investigate impaired driving. In the end, because it is not prohibited discrimination, the police can target drivers of Dodge trucks whether we agree or not.
Call us if you have a DUI in BC. Regardless of the type of vehicle you drive, if you are issued a driving prohibition call us right away. We help people from across BC to keep their licenses.