Episode 408: Can You Be Forced to Blow Twice? Charter Rights, Breath Tests, and Driving Injustice

This week on Driving Law, Paul Doroshenko takes the wheel while Kyla is away in court, joined by articled students Alice and Alison for a special in-car recording from his 1953 Buick. The episode kicks off with a reflective discussion about what the students have learned during their time at the firm—covering complex topics like BC's Immediate Roadside Prohibition (IRP) scheme, the science and limitations of breath testing, and the often-overlooked role that language barriers and misinformation play in roadside legal encounters. They then dive into a fascinating Ontario case where a driver failed an ASD (Approved Screening Device) breath test shortly after consuming alcohol at a liquor store. After realizing the initial result may be invalid, police conducted a second test without a fresh demand. Paul and the students unpack the Charter implications—particularly Section 8 (unreasonable search and seizure) and Section 10(b) (right to counsel)—and debate whether the second test was lawful or a rights violation. The discussion highlights how routine traffic stops can raise surprisingly complex constitutional questions. Finally, the Ridiculous Driver of the Week is a motorcyclist in Guelph who fled police while wearing a hoodie that read "COME GET ME"—a challenge the officers accepted. He now faces multiple charges including dangerous driving and fleeing from police, with long-term consequences likely to follow. Check out the 'Lawyer Told Me Not To Talk To You' T-shirts and hoodies at Lawyertoldme.com and 'Sit Still Jackson' at sitstilljackson.com.