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Tom Rees | Criminal Defence Lawyer Winnipeg

When can the police pull over my car?

The authority for any police action is derived from legislation and the common law. The police have a wide range of powers under the Manitoba Highway Act and the common law to stop vehicles.

The police can stop your car at anytime to determine whether your car is mechanically fit, to check whether you have a valid licence, to check your insurance, or to determine whether you have consumed alcohol or drugs. The police may stop you if they have observed you committing a driving offence.

During the holiday season, the police often set up stop checkpoints to pull vehicles over for the purpose of checking for signs of impairment.

If the officer reasonably suspects you have recently consumed alcohol, the officer may demand you provide a sample of your breath into a screening device. The screening device will provide a “pass”, “warning”, or “fail.” If you fail, the officer can demand you provide another breath sample which will be used to measure the alcohol concentration in your blood.

Click here to read about the difference between a screening device and a breathalyzer.

Click here to read TR&Co’s article about minimum sentences for Impaired Driving offences.

To read more articles written by Joshua Rogala, click here to view his website.

*Note: The information on this page not legal advice.