I’m pretty sure that if they find a person drunk they have to take that person to a hospital to get a blood test and accurately gauge the alcohol percentage, the test also stands as proof.
How many other crimes are directly defined with a time-sensitive impairment?
If they allowed you to both call a lawyer and wait for them to arrive you could arrange for your lawyer to be a) 2+hrs away, b)alseep or c)any other time delaying tactic.
I agree I don’t like the status quo, but if you have a reasonable alternative that still allows them to catch people who are drunk driving, I’m all ears.
Miranda Rights give you the right to remain silent and the right to an attorney
These rights go out the window because if you exercise them they simply charge you refusing to comply which carries the same penalty as a drunk driving conviction
I mean I’m not even American and I know Miranda rights only need to be read to apply to interrogation AFTER being arrested. Typically by that point theyve already determined you’re drunk driving based on questions during the detention period.
refusing to comply with breath tests during a vehicle stop is against the law - I’m not aware of it violating any US rights, though again I’m not american. That’d be like refusing to stop when they tell you to
In Canada you have the right to an attorney, without delay, simply being detained … except when you’re suspected of drunk driving
Section 10(b) of the Canadian Charter of Rights and Freedoms guarantees every person the right to retain and instruct legal counsel without delay, and the right to be informed of that right upon arrest or detention.
It’s not so much a violation of your rights, but an elimination of that right during that specific situation
Because these are two different things, if you’re accused of murder they can use whatever you say against you, but in case of drunk driving it doesn’t matter what you say, what matter is the results of the test.
I’m pretty sure that if they find a person drunk they have to take that person to a hospital to get a blood test and accurately gauge the alcohol percentage, the test also stands as proof.
If you were accused of murdering and taken to the hospital for a blood test with a lawyer present people would lose their minds
But suspected drunk drivers it happens all the time without a lawyer present
How many other crimes are directly defined with a time-sensitive impairment?
If they allowed you to both call a lawyer and wait for them to arrive you could arrange for your lawyer to be a) 2+hrs away, b)alseep or c)any other time delaying tactic.
I agree I don’t like the status quo, but if you have a reasonable alternative that still allows them to catch people who are drunk driving, I’m all ears.
Miranda Rights give you the right to remain silent and the right to an attorney
These rights go out the window because if you exercise them they simply charge you refusing to comply which carries the same penalty as a drunk driving conviction
I mean I’m not even American and I know Miranda rights only need to be read to apply to interrogation AFTER being arrested. Typically by that point theyve already determined you’re drunk driving based on questions during the detention period.
refusing to comply with breath tests during a vehicle stop is against the law - I’m not aware of it violating any US rights, though again I’m not american. That’d be like refusing to stop when they tell you to
In Canada you have the right to an attorney, without delay, simply being detained … except when you’re suspected of drunk driving
Section 10(b) of the Canadian Charter of Rights and Freedoms guarantees every person the right to retain and instruct legal counsel without delay, and the right to be informed of that right upon arrest or detention.
It’s not so much a violation of your rights, but an elimination of that right during that specific situation
Chaterpedia is a great resource for us - the section 10 discussion explicitly discusses the legal situation of impaired driving.
https://justice.gc.ca/eng/csj-sjc/rfc-dlc/ccrf-ccdl/check/art10b.html
One might argue they aren’t “rights” if they can be taken away when the crown feels like it
Because these are two different things, if you’re accused of murder they can use whatever you say against you, but in case of drunk driving it doesn’t matter what you say, what matter is the results of the test.
The courts have ruled we have the right to remain silent and the right to an attorney.
If you do that they then simply charge you with another crime.
I agree that traffic rules enforcement is not being done in the most fair way but it kinda works.
Let’s say they somehow manage to have lawyers present at the hospital in case of drunk drivers, how would a lawyer help suspected drunk drivers?