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If you are stopped for a traffic violation

If you are stopped for a traffic violation, the Police can request your identification and registration. However to further investigate your they must have a reasonable suspicion that you are committing an offence. If you tell the police that you have been drinking that is sufficient for the Officer to request a sample of your breath into a roadside

breathlyzer. Under the recent changes to the Motor Vehicle Act the Police can suspend you from driving immediately at the Roadside however they MUST provide you a second

opportunity to provide a breath sample from a DIFFERENT breath machine before the suspension is valid. You have 7 days to challenge this suspension and at Paul Briggs Law

we recommend that you file for a review and obtain the Reports from the Police officer and we at Paul Briggs Law can evaluate the papers and determine if you have a successful


The Police can further investigate you at a Motor Vehicle Act stop for any offences for which they have suspicions and often use these stops to obtain further evidence against you. You are not under any obligation to cooperate with the Police beyond providing your driving license and registration papers. If the Police have a suspicion that you have been drinking they can order you out of the car and perform roadside sobriety tests upon you and/or ask you to blow on a handheld breath device. However other than respond to the question "have you been drinking" you are not under any legal obligation to comply with their requests unless you have provided them with some reason to suspect your ability to drive has been affected by alcohol.



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