As the holiday season approaches, random checks will become increasingly common on the roads. But what do we mean when referring to random checks? Roadblocks, among others, are good examples. Many people wonder whether this type of law enforcement is legal. Well, the answer is yes!
In the case of roadblocks, these are structured programs that are permitted by law to ensure the protection of all road users.
Random police checks for public safety
As peace officers, the police have the power and duty to carry out random checks, such as roadblocks, for example. At these roadblocks, the police have the right to ask you to stop your vehicle, to ask you simple questions about your alcohol consumption, to ask you for your driver’s licence, your registration and your insurance papers. This is done to protect the public, ensure the sobriety of road users and prevent criminal driving offences.
Random checks for verification purposes
An interesting fact, but largely unknown to the general public, is that the police can intercept you in any public place where you can travel. Random checks are therefore not, as popular belief tells us, limited only to roads. So, whether you are on your way to your aunt’s house for Christmas Eve or in the parking lot of an IGA, the police can randomly stop you and ask you to provide them with your documents. The notion of “public road” provided for in article 4 of the Highway Safety Code is indeed very broad.
This is a random check for verification purposes, which is permitted by the Highway Safety Code. The criteria mentioned above for public roads and places also apply to random checks.
The concept of private parking during random checks
Police officers generally don’t have the authority to conduct a random check if you are in your private parking lot. However, there is an exception to this rule. Indeed, if you are on a public road, you cannot take refuge in your private parking lot if you are already being pursued by the police or if they have received information from a citizen regarding your conduct. It is not possible to escape the law in this way. In such a situation, the police officer will have the right to enter your private property to make an arrest. Once you have reached the police station, you will have the opportunity to exercise your right by contacting a criminal lawyer. At DUI Montreal Lawyer, we have the expertise to support you throughout the judicial process and do what it takes to get you out of the situation.
A valuable prevention system on Quebec roads
As you can see, random checks by law enforcement officers are primarily intended to prevent accidents, particularly during winter festivities, where accidents are more likely to occur due to drinking and driving. In this regard, it is important to remember that this is the 30th anniversary of the Nez Rouge program, which aims to safely escort partygoers and their cars home.
If you are facing an arrest following a random check, it is strongly recommended to have a criminal lawyer enforce your rights. Do not hesitate to contact the DUI Montreal Lawyer firm, our experts will be at your disposal to defend you as best as possible.