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2022 CFL Season - Non Back 2 Back Champs News


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https://theprovince.com/sports/football/cfl/bc-lions/b-c-lions-defensive-coordinator-ryan-phillips-accuses-surrey-rcmp-of-racial-profiling-after-traffic-stop?utm_source=dlvr.it&utm_medium=twitter

This seems to be getting ugly. Not a great look on Phillips for refusing a breathalyzer "because they didnt have a good reason to ask him to take one". Ok........So far a bunch of he said she said. Phillips "i wasnt driving erratically, i was pulled over because im black", Surrey RCMP "We pulled him over because he was driving erratically".

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1 hour ago, Bubba Zanetti said:

https://theprovince.com/sports/football/cfl/bc-lions/b-c-lions-defensive-coordinator-ryan-phillips-accuses-surrey-rcmp-of-racial-profiling-after-traffic-stop?utm_source=dlvr.it&utm_medium=twitter

This seems to be getting ugly. Not a great look on Phillips for refusing a breathalyzer "because they didnt have a good reason to ask him to take one". Ok........So far a bunch of he said she said. Phillips "i wasnt driving erratically, i was pulled over because im black", Surrey RCMP "We pulled him over because he was driving erratically".

Them saying he was driving erratically means absolutely nothing.  I've had cops say that to me when I know for a fact i wasn't, in any way,  driving erratically.  It's just something they say.

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7 hours ago, Bubba Zanetti said:

https://theprovince.com/sports/football/cfl/bc-lions/b-c-lions-defensive-coordinator-ryan-phillips-accuses-surrey-rcmp-of-racial-profiling-after-traffic-stop?utm_source=dlvr.it&utm_medium=twitter

This seems to be getting ugly. Not a great look on Phillips for refusing a breathalyzer "because they didnt have a good reason to ask him to take one". Ok........So far a bunch of he said she said. Phillips "i wasnt driving erratically, i was pulled over because im black", Surrey RCMP "We pulled him over because he was driving erratically".

Being pulled over at 4 am and refusing a breathalyzer...  I'll go with he was drunk and aggressive and the first police officer called for back up in case of an escalation.    The RCMP cruiser *should* have a dash cam video but legally they can't release this to the public.     

Phillips would have a much stronger case if he had his own dash cam video and or had taken a cell phone video of his own.   Because if he has no proof then it sure would look like someone using the race card to try to get out of trouble.   

 

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Regarding the Philips incident, it didn't come out at first that he refused a breathalyzer. That changes everything completely. I have had a few personal instances to speak on this. 

Time 1- a passenger with friends at approx.. 3:30am on the way home. We get pulled over by RCMP, driver asks why, officer indicates he took a wide left turn as the reason for the stop, proceeds to ask if the driver had been drinking as one of the first rounds of questions, driver admits to having a couple. Officer requests breathalyzer in this time 2 other cruisers with additional cops arrive. No one in the car was aggressive or non compliant. Driver exited the vehicle and was put in the back of a cruiser to do a breathalyzer, while we were carefully watched by other officers. He failed and was arrested and the car impounded, we were all free to go expect him.

Time 2-me and my girlfriend at the time approx. 4:00am on the way to my place. We get pulled over by RCMP, I am extremely polite and cooperative, but ask the reason for my stop. Was told that the officer had a hard time reading my plate (it was spring and it did have some road dirt on it) like the first example one of the first questions asked to me was have you been drinking. I admitted to a couple, being honest, and was asked to do a breathalyzer, I complied and passed. Like the previous time between being pulled over and the breathalyzer other officers arrived at he scene. I was not given any tickets and was free to go on my way.

Time 3-I  previously bartended so was often driving between 3 and 4am. This time coming home from work, pulled out of the parking lot where I worked and was pulled over within 45 seconds. Same story I asked why, was told my tint looked to dark on my truck (it was factory done) This time it was Winnipeg Police not RCMP, and the guy was not nice at all. I explained to him that the tint was factory and that no I hadn't been drinking that I just got off work, non the less he was having none of it as he explained my truck smelled like a brewery. So with 3 other cruisers attending the scene and multiple officers all around my truck including shining flashlights in at me I again agreed to do a breathalyzer, this time I was handcuffed. Of course I passed but the officer still wrote me ticket for my tint (Which I later fought and won on) by the way this entire stop was around 45 minutes long.

Time 4- Same scenario leaving work some time around 3:30am. Pulled over in my back-lane one house away from home. I asked why I was pulled over and was told that it was due to me completing two left turns in a row-according to the officer two quick turns in the same direction is an indication of trying to lose someone following them. Again the officer went straight to the have been drinking tonight, which I again replied no I am just leaving work. I had a Bud light cooler bag on the passenger seat, which he or his partner saw, they were each at the front windows looking in with flashlights. I explained it was being used as my lunch bag and it did not have any alcohol in it. Once again a second cruiser showed up. The second one had a breathalyzer in the car and I agreed to take it, I passed but this was not good enough for them. They proceeded to keep me in the back of a cruiser while we waited for another available cruiser and officer with a different breathalyzer, eventually one did show up and again I passed. I was let go without any tickets or warning, but this stop took over and hour and a half and the original cruiser left his lights on the entire time in my back lane so many of my neighbors must have wondered what the heck I had done as I could see some of them out in their backyard's.

 

Anyway long story short as you can see from my personal experience Police both City and RCMP will stop you at that time of the morning for almost anything to make sure you are not driving intoxicated. While all of my experiences were frustrating, I was never arrested and even in the instance where my friend was, we always agreed to the breathalyzer. I am sure if any of those times I refused I would have been arrested on the spot. Oh and each time multiple officers attended and some times "surrounded me" and /or shone flashlights at me etc. it was not profiling on me. So in conclusion Ryan's stop does not sound any different then mine, except that he refused a breathalyzer and was arrested because of that.  My understanding from my stops (officers indicating this to me) is that IF you refuse you are automatically found guilty of a DUI and face the same consequences as failing. So I would say Ryan is in a fair bit of trouble as a DUI is a criminal charge, requires special documentation to cross boarders, complicated working Visas and costs thousands of dollars in fines and fees, not to mention having a vehicle impounded, and all those related costs and headaches and a minimum 12 month license suspension, and mandatory alcohol awareness training. 

That seems like a lot of headaches and costs, if he was actually sober and straight......

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There is a separate charge for “Refusal to provide a breath sample” so technically it is not a DUI, but the penalties are exactly the same. From police officers that I know, they all say the same thing, if you think you are close, always give the breath sample, because the charge of refusing is pretty automatic. If you know you are going to be way over, refuse, because a high reading (double) is statutorily aggravating and gives you a higher penalty at sentencing. But this area of the law is pretty technical, the number of people who beat the charge on technicalities is quite surprising. 

As an aside, I once took part in a breathalyzer test for my job, where you basically drank all you could in an hour then gave a sample. The amount of alcohol you need to consume to go over .08 in that time is staggeringly high. Unless you are a very seasoned drinker, no way you are not strongly feeling the effects even under .08. 

Edited by TrueBlue4ever
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2 hours ago, TrueBlue4ever said:

As an aside, I once took part in a breathalyzer test for my job, where you basically drank all you could in an hour then gave a sample. The amount of alcohol you need to consume to go over .08 in that time is staggeringly high. Unless you are a very seasoned drinker, no way you are not strongly feeling the effects even under .08. 

I've done three breathalyzer tests at my job and one time I was still passing the visual/physical tests despite drinking 20 ounces.   My co worker had two drinks (4 ounces)  and he was barely functionable at all.  Same body weight and size as me.    It really effects each person differently.    

Edited by Brandon
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17 hours ago, Bubba Zanetti said:

https://theprovince.com/sports/football/cfl/bc-lions/b-c-lions-defensive-coordinator-ryan-phillips-accuses-surrey-rcmp-of-racial-profiling-after-traffic-stop?utm_source=dlvr.it&utm_medium=twitter

This seems to be getting ugly. Not a great look on Phillips for refusing a breathalyzer "because they didnt have a good reason to ask him to take one". Ok........So far a bunch of he said she said. Phillips "i wasnt driving erratically, i was pulled over because im black", Surrey RCMP "We pulled him over because he was driving erratically".

This is often a catchall cover story for "probable cause". 

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As an FYI, you do not have to be over 0.08 BAC to be charged and convicted of a DWI offence. You do not even need to be behind the wheel (care and control) or reacting to fatigue and/or a reaction to prescription drugs (even if taking as directed). If you blow over .08 though, you will be charged. You can even be sleeping it off in the box of a truck and charged if you have the keys in your possession. 

If you show signs of intoxication. you can be charged, although there is a degree of discretion for the officer. Diabetics and someone suffering from various medical conditions (like a petit-mal seizure or stroke) can present as intoxicated.

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At first it sounded like the cop was 100% profiling. And the cops in that area have a long history of just being the worst. Un armed kids being shot in the back all kinds of awful actions. 
 Refusing a breathalyzer is greasy. Taking it would’ve only strengthened his claim. 
 
have to wait and hear it more news breaks. 

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1 hour ago, wbbfan said:

At first it sounded like the cop was 100% profiling. And the cops in that area have a long history of just being the worst. Un armed kids being shot in the back all kinds of awful actions. 
 Refusing a breathalyzer is greasy. Taking it would’ve only strengthened his claim. 
 
have to wait and hear it more news breaks. 

Agreed. A cop I know once told me that fighting the cops and being difficult in moment is never going to go good, regardless of whether they are being **** bags or not. You get their badge number and fight the cause after. It sucks, and there are racist scum bags wearing a badge, but it is what it is. 

Refusing a test is super greasy, and he knows it. He did not mention it during his initial tweets. 
 

 

Edited by Geebrr
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5 hours ago, Tracker said:

As an FYI, you do not have to be over 0.08 BAC to be charged and convicted of a DWI offence. You do not even need to be behind the wheel (care and control) or reacting to fatigue and/or a reaction to prescription drugs (even if taking as directed). If you blow over .08 though, you will be charged. You can even be sleeping it off in the box of a truck and charged if you have the keys in your possession. 

If you show signs of intoxication. you can be charged, although there is a degree of discretion for the officer. Diabetics and someone suffering from various medical conditions (like a petit-mal seizure or stroke) can present as intoxicated.

In Canada you basically do need to be behind the wheel for Care and Control.  The law specifically says if you're in the seat normally occupied by the driver.

Common law rulings have now found that simply being in the driver seat isn't sufficient to convict for care and control if you've got a good reason for being in the seat (the supreme court specifically ruled that someone found sleeping across the front seats of a vehicle, with the key in the ignition but the car turned off, was not convictable for " care and control"

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Riderfans now suggesting they flood the CFL with emails to bring attention to the blatant unfair treatment their team receives from referees 

 

They’ve completely lost what few brain cells they had left over there. I feel bad for the handful of normals who have to tolerate it from that fan base.

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