What should you do if you have to go through a ride program and this applies whether you’ve been drinking or not? So, let's take a typical RIDE program. I think we've all been going through one if you’ve been driving for a time period. So, as you know, you'll pull up and the police will flash the flashlight in your eyes, see if they're glossy because that can be a symptom of drinking. Not necessarily, but it can be. And they're going to ask you if you've had any alcohol to drink and where you've been. So, I mean, if you tell them, you've had a drink clearly, they're going to give you the roadside test and see her over. I mean, bear in mind. A lot of people go through RIDE programs and they’ll lie to the police.
And as a lawyer, I have to tell everybody to tell the truth in this situation, but the thing is about the people that lie if there was no odour of alcohol, the police are generally going to let them go on their way. But so, officer I’ve had nothing to drink. They're lying. The officer can't smell alcohol for whatever reason maybe its COVID or the mask is on, or if they’re not close enough or if there’s no odour.
Generally, they're going to let that person go. Now they can under our new laws. It was new amendments in recent years where they don't need any symptoms or grounds to give that road side device but generally that the strange ironic thing is sometimes these lying people going through RIDE program benefit for me, I would say as a lawyer that you should always tell the truth, but I'll leave that up to you. In that situation. You may be putting yourself in jeopardy if you do now. You know, short answers, polite, cooperative, do not volunteer anything more than you're asked because they're only allowed to ask you certain questions really. They're only going to ask you if you've had anything to drink, where are you coming from?
If you say a bar as well, they're going to give you the test too. So, I'll leave everything up to you about what you say. now what if you get you blow over the legal limit? What do you do now? Well, this is a roadside device, they're never going to arrest you. So, it's very important. This is pivotal advice. You don't want to say basically another word of the police other than a couple of things that I’m going to tell you about. You want to move as little as possible. The more you talk and move and say things. The more evidence you're giving you're slurring your imbalance. You're doing this you just simply say nothing. Here's what's going to happen. After you fail the roadside device. They're going to arrest you for impaired driving, they're going to read you that you're under arrest. They're going to read you a caution that you have a right to remain silent and all this sort of thing, anything you say can be used against you in a court of law. Do you understand? Just say yes. One word. Don't say more words. Yes. The only thing is say no. If they ask you that. You're going to read the right to Counsel and you're going to say Do you understand just say yes, one word. Do you wish to call a lawyer? Yes. And I would say if you know a lawyer, state the name. If not, I'd probably say call duty Counsel. So just use one or two word answers move as little as possible. You keep talking you can be slurring and causing evidence. Don't say anything in the police cruiser, even if they talk to you just stay silent. That's your right. The police the judge is never going to hear that in court. It can't be used against you have a right to remain silent. When people think you're doing something wrong by staying silent. You're doing the right thing. Back to the police station. You say nothing to no one other than if they ask you what to call that lawyers and duty Counsel or name of lawyer one or two words.
Don't answer any other questions. Don't answer any health questions. Don't just be polite, be nice. Try to look friendly. Move as little as possible. In the breath room you say nothing to the breath technician, you absolutely have to provide the best samples do that. There's two breath samples you have to provide, give it your best efforts because that's the thing to do in that situation a lawyers is going to advise you provide those because we can't predict that there's going to be a defence to the refusal. I mean, the only person who's going to know there's a defence to refusal in that situation is an expert in criminal law. Like if I got charged with a DUI, and they brought me into the breath room. It's all under videotape. I know I would know whether to refuse or not because I would know if the police are saying the right things to me and I know whether I can win that.
You're not going to know that this is all I do for a living right so you got in any lawyer worth your salt is going to tell you provide that press sample because you probably have a better chance of winning by providing it than not providing it. Okay. So, what did I tell you? Then my advice is, be polite, be cooperative, in the sense follow all their movements. Say as few words as possible only the words I said and just shut up to answer no questions. I tell you, if you do all of that you maximize your chances of winning your case if you follow to that region. May God help you, you it's going to create evidence against you and anyone who's talked in that situation are always creating evidence against themselves. So that's my advice. If you're coming to a RIDE program, it's the same advice that applies if you're stopped by the police because maybe you're weaving a bit, same protocol, same situation. So that's what to do when I that's my advice. Be very careful.
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