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Reviews of Investigating Impaired Drivers
« CERTIFICATE - ERROR ON CERTIFICATE = ACQUITTAL | Main | SECTION 727(1) - NOTICE TO SEEK GREATER PUNISHMENT - PROSECUTORIAL DISCRETION »
Saturday
Jan122013

SECTIONS 8,9 10(B) - RIGHTS VIOLATED WHEN PASSENGER DETAINED AT R.I.D.E. CHECK STOP

Ontario Provincial Police were operating a R.I.D.E program check stop and stopped a vehicle in which Mr. Dale was a back seat passenger. He was asked for his name, identification and ran on CPIC which revealed that he was on a probation order which included a not possess/consume alcohol condition.  Mr. Dale had earlier said beer in the vehicle was his and the officer smelt alcohol on his breath after he had asked Mr. Dale to step out of the vehicle. The Court, focusing on the fact that Mr. Dale was only a passenger, acquitted him and in doing so relied on earlier cases that stated that: "Police over-extension of traffic stops, even where police bad faith is not present, involves an unacceptable and serious violation".  R. v. Dale, 2012 ONCJ 692