When strict new impaired driving laws come into effect Dec. 18, Calgary police say all drivers should expect to provide a mandatory breath sample at roadside checkstops. Kyla Lee, a Vancouver criminal defence attorney joins Rob to share her perspective.
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“We do have clarity but the clarity is not very favourable to people who are curious about their rights and obligation at the roadside. Essentially your obligation upon being asked to provide the breath sample is to immediately comply with the demand. You don’t have the right to engage the officer in questioning as to why they are doing this or what’s going to happen with the results of the test and the police have no legal obligation to provide you with any legal information or legal advice other than that you are required to blow.”
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“It is not very difficult for the police to form a reasonable suspicion. All they have the smell is alcohol on somebody’s breath or get an admission to the person consumed an alcohol. In my experience, most people tend to admit drinking if they have been drinking and it is very difficult to disguise the smell of liquor on your breath.”
To listen to the full interview, click here.