roadblocks

Counterattack Season is Here: What You Need to Know About Roadblocks and Breath Tests

Police roadblock at night with cars stopped, officers in discussion, and bright lights reflecting off wet pavement.

As the holiday season approaches, so does the time of year known locally as Counterattack Season. This is when police across British Columbia ramp up their efforts to curb impaired driving through roadblocks and mandatory breath tests. While the aim is to make our roads safer, drivers should be aware of their legal rights and responsibilities when encountering a roadblock.

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Admissibility of Evidence in Random Traffic Stops

Random traffic stops are permitted in some cases

Section 9 of the Charter of Rights and Freedoms protects everyone’s right not to be arbitrarily detained or imprisoned. The police cannot randomly pull you over, for example. When it comes to driving, however, there are some important qualifications. Random traffic stops are permitted if they are for the purpose of enforcing highway safety laws. The infringement is seen as being justified because effective law enforcement is in the interests of public safety.

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