(a) to be informed promptly of the reasons therefor;
(b) to retain and instruct counsel without delay and to be informed of that right; and
(c) to have the validity of the detention determined by way of habeas corpus and to be released if the detention is not lawful.
(a) to be informed without unreasonable delay of the specific offence;
(b) to be tried within a reasonable time;
(c) not to be compelled to be a witness in proceedings against that person in respect of the offence;
(d) to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal;
(e) not to be denied reasonable bail without just cause;
(f) except in the case of an offence under military law tried before a military tribunal, to the benefit of trial by jury where the maximum punishment for the offence is imprisonment for five years or a more severe punishment;
(g) not to be found guilty on account of any act or omission unless, at the time of the act or omission, it constituted an offence under Canadian or international law or was criminal according to the general principles of law recognized by the community of nations;
(h) if finally acquitted of the offence, not to be tried for it again and, if finally found guilty and punished for the offence, not to be tried or punished for it again; and
(i) if found guilty of the offence and if the punishment for the offence has been varied between the time of commission and the time of sentencing, to the benefit of the lesser punishment.
Being impaired may not be qualified by blowing over 80 with a roadside breathalyzer if the officer made a roadside stop because you were driving erratically. If the officer suspects you are driving under the influence “ DUI” of alcohol or narcotics and you admit to having “a drink” you will be instructed to cooperate in a roadside physical test “walk a straight line” if there is physical evidence of inebriation.
There may also be an officer who is trained to identify narcotics impairment dispatched to assist in the evaluation. If it is determined you are driving under the influence you may be placed under arrest and transported to the police station for further testing and evaluation. If Alcohol is suspected to be the impairment you will be asked to submit to a blood alcohol test. The results of that Blood Alcohol test may be below the legal limit and that may eliminate the over 80 charge. You will be left with the charge of impaired to fight in court
|Oshawa Pickering||Kitchener Waterloo||Orangeville|
|L’Orignal||Parry Sound||St. Thomas|
|Ottawa||Sault Ste. Marie||Stratford|