Do You Need a Criminal Lawyer? Why Penticton Clients Hire Early

Knowing your rights at a roadblock makes a big difference in how a Penticton checkstop ends. Most drivers roll through in under a minute. A few leave with a roadside prohibition, an impounded car or a criminal charge, often because they said or did something at the window they didn’t have to. Julian Van Der Walle defends drivers charged after Penticton stops, and this guide covers what police can and can’t do at a roadblock, what you have to hand over, and where your right to stay quiet begins.

Can Penticton police stop you at a roadblock for no reason?

Yes. In BC, police can stop drivers at random to check licences, insurance, sobriety and whether the vehicle is safe to drive, and they don’t need any suspicion to do it. The Supreme Court of Canada accepted these stops in R v Hufsky for fixed checkstops and in R v Ladouceur for random roving stops. Both cases found that the stop limits your freedom but is justified because it targets road safety.

Around Penticton that usually means CounterAttack checkstops on Highway 97, Channel Parkway, Skaha Lake Road and the routes into town from Summerland and Naramata. Penticton RCMP and BC Highway Patrol run them most heavily on long weekends, through the summer and in December. The stop itself is lawful. What police do next is where your rights at a roadblock come into play.

What you have to hand over at a checkstop

As the driver you have to produce your driver’s licence, the vehicle registration and proof of insurance when an officer asks. You also have to identify yourself as the driver. Refusing those documents gives police a separate offence to write up and turns a two minute stop into a much longer one.

That’s the full list of paperwork. You don’t have to explain where you’re coming from, where you’re heading or who you were with. Passengers aren’t required to show ID at a routine checkstop either, unless police have lawful grounds to investigate them for something specific.

Breath tests at a Penticton roadblock

Since December 2018, section 320.27(2) of the Criminal Code has let an officer with an approved screening device demand a breath sample from any driver who’s been lawfully stopped. The officer doesn’t need to smell alcohol or see anything suspicious first. This is called mandatory alcohol screening, and it applies at every checkstop in Penticton.

If you refuse, you can be charged under section 320.15 with refusing a demand, which carries a $2,000 minimum fine and a driving prohibition of at least one year on conviction. In BC, a refusal also triggers a 90 day Immediate Roadside Prohibition on the spot. So blow when you’re asked, even if you think the demand is unfair. A lawyer can test whether the demand was lawful afterward, but not if you’ve already handed police a refusal.

Drug screening works differently. To demand a saliva test or a roadside sobriety test for drugs, police need a reasonable suspicion that you have a drug in your body. A routine stop alone isn’t enough.

Your rights at a roadblock when police start asking questions

Beyond the documents and a breath sample, you can politely decline to answer questions. “Have you had anything to drink tonight?” is the most common one, and anything you say can be used to build grounds for a demand or a charge. A simple “I’d rather not answer questions” is enough. You don’t have to be rude about it, and you shouldn’t argue.

Your right to a lawyer under section 10(b) of the Charter is limited at the roadside. The Supreme Court held in R v Orbanski that police can ask a few screening questions and run a roadside test before you get to call a lawyer. Once you’re arrested, or asked to give evidentiary breath samples at the detachment, the right to counsel applies in full, and police have to tell you about it and let you use it.

Can police search your car at a roadblock?

Not without more. Your rights at a roadblock still protect your car and your belongings. A checkstop gives police the right to check road safety issues, not to go looking for drugs or weapons. In R v Mellenthin, an officer at a checkstop shone a flashlight into a car, asked about a gym bag and found cannabis inside. The Supreme Court ruled the search unlawful and excluded the evidence, because the stop was being used for something it was never meant to cover.

Police can act on what they see in plain view, or what they smell, and that can give them grounds to investigate further. They can also ask for your consent to look in the car. You’re allowed to say no. If you agree, anything they find can generally be used against you.

If you were charged after a search at a Penticton roadblock, the way police got into the car is often the strongest part of your defence. Julian covers this in more detail on the Penticton drug charges page.

Can you turn around before you reach a roadblock?

Making a legal turn before a checkstop isn’t an offence. You’re allowed to use a side street. The problem is that most drivers who turn away do it in a hurry, and an illegal U-turn, a rolled stop sign or a lane change without signalling gives police a lawful reason to pull you over anyway. Officers posted near Penticton checkstops watch for exactly that.

Once police have signalled you to stop, you have to stop. Driving away from an officer who’s trying to pull you over is a criminal offence under section 320.17, separate from anything else they might have found.

What happens after a Penticton roadblock stop goes wrong

A checkstop can end in three different ways, and they move on different tracks. A 24 hour prohibition under section 215 of the Motor Vehicle Act ends the next day but stays on your driving record. An Immediate Roadside Prohibition is provincial, starts right away and has a 7 day review deadline. Julian handles those on the IRP reviews in Penticton page. A criminal charge for impaired driving, over 80 or refusal goes to Penticton Law Courts on Main Street, and that’s covered on the DUI lawyer Penticton page.

Some stops lead to both a prohibition and a charge. Each one has its own deadline, so write down everything you remember about the stop while it’s fresh, keep every piece of paper police gave you, and get advice before the first deadline passes.

Roadblock questions from Penticton drivers

Do I have to roll my window all the way down at a checkstop?

You have to lower it enough to talk to the officer and pass your documents through. Police also need to be able to make reasonable observations of the driver, so a window cracked an inch can turn into a longer stop.

Can I refuse a breathalyzer at a Penticton roadblock?

You can, but it’s almost always a mistake. Refusing a lawful screening demand is a criminal offence with a $2,000 minimum fine, and in BC it also brings a 90 day roadside prohibition. Blow, then let a lawyer test the demand.

Do passengers have to answer police questions at a roadblock?

No. A passenger at a routine checkstop doesn’t have to identify themselves or answer questions unless police have grounds to investigate that passenger for an offence.

Can police use a roadblock to look for drugs?

Not on its own. A checkstop is about road safety. Police need separate grounds, like something in plain view or a smell, before they can investigate for drugs, and they need proper grounds or your consent to search the car.