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.
Karmanopoly@lemmy.world 1 week ago
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
healthetank@lemmy.ca 1 week ago
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
Karmanopoly@lemmy.world 1 week ago
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
healthetank@lemmy.ca 1 week ago
Chaterpedia is a great resource for us - the section 10 discussion explicitly discusses the legal situation of impaired driving.
justice.gc.ca/eng/csj-sjc/rfc-dlc/…/art10b.html