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- "DRINKING AND DRIVING OFFENCES"
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- My essay is on "Drinking and Driving Offences". In my essay I will
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- tell you the various kinds of drinking and driving offences, the penalties,
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- and the defences you can make if you are caught drinking and driving.
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- Let me tell you about the different offences. There are six offences
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- in drinking and driving. They are "driving while impaired", "Having care
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- and control of a vehicle while impaired", "Driving while exceeding 80 m.g.",
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- "Having care and control of a vehicle while exceeding 80 m.g.", "Refusing
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- to give a breath sample", and "refusing to submit to a roadside screen test.
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- These are all Criminal Code Offences.
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- Now lets talk about the penalties of drinking and driving. The
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- sentence for "refusing to give a breath sample" is usually higher than
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- either of the "exceeding 80 m.g." offences. Consequently it is usually
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- easier in the long run for you to give a breath sample if asked. If, for
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- example you are convicted of "Refusing ato give a breath sample" for the
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- first time, but was earlier convicted of "Driving while impaired", your
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- conviction for "Refusing" will count as a second conviction, not a first,
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- and will receive the stiffer penalty for second offences.
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- For the first offence here is the penalty and the defences you can
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- make. Driving a vehicle while your ability to drive is impaired by alcohol
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- or drugs is one of the offences. Evidence of your condition can be used
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- to convict you. This can include evidence of your general conduct, speech,
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- ability to walk a straight line or pick up objects. The penalty of the
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- first offences is a fine of $50.00 to $2000.00 and/or imprisonment of up
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- to six months, and automatic suspension of licence for 3 months. The second
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- offence penalty is imprisonment for 14 days to 1 year and automatic suspen-
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- sion of licence for 6 months. The third offence penalty is imprisonment
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- for 3 months to 2 years (or more) and automatic suspension of licence for
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- six months. These penalties are the same for the following offences.
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- "Having Care and Control of a Motor Vehicle while Impaired" is another
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- offence. Having care and control of a vehicle does not require that you
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- be driving it. Occupying the driver's seat, even if you did not have the
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- keys, is sufficient. Walking towards the car with the keys could be suffi-
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- cient. Some defences are you were not impaired, or you did not have care and
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- control because you were not in the driver's seat, did not have the keys,
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- etc. It is not a defence that you registered below 80 m.g. on the breath-
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- ayzer test. Having care and control depends on all circumstances.
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- "Driving While Exceeding 80 m.g. is the next offence. Driving a
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- vehicle, having consumed alcohol in such a quantity that the proportion
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- of alcohol in your blood exceeds 80 miligrams of alcohol in 100 mililitres
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- of blood. Some defences are the test was administered improperly, or
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- the breathalyzer machine was not functioning properly.
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- "Having Care and control of a Motor Vehicle while Exceeding 80 m.g."
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- is the next offence I will talk about. This offence means having care and
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- control of a vehicle whether it is in motion or not, having consumed alcohol
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- in such a quantity that the proportion of alcohol in your blood exceeds 80
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- miligrams of alcohol in 100 mililitres of blood. The defences are the test
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- was administered improperly, or the breathalyzer machine was not functioning
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- properly. To defend against breathalyzer evidence you must understand how
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- the test should be administered. The proper procedure for a breathalyzer
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- test is as follows. Warming up the machine until the thermometer registers
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- 50 degrees centigrade. This should take at least 10 minutes. The machine
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- should then be turned to zero (by using the "adjust zero control") and a
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- comparison ampoulel (of normal air) inserted. if the metre remains at zero,
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- the test can proceed. An ampoule with a standard solution is then inserted.
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- 3
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- If the metre reads high or low by more than .02% on two successive tests,
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- the machine should not be used. If the trial is valid, the machine should
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- be flushed with room air and the pointer set at start. You will then be
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- asked to provide two breath samples, about fifteen minutes apart. Normally
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- they will take the result of the lowest result and use it as evidence
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- against you.
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- "Refusing to Give a Breath Sample" means refusing without a
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- reasonable excuse to give a sample or refusing without a reasonable excuse
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- to accompany a polic officer, when demanded by the police officer. Before
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- demanding by the police officer, he must have reasonable and probable
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- grounds to believe that you are committing or at any time in the preceeding
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- two hours have committed, one of the offences of driving or having care and
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- control of a vehicle while impaired or while having a blood alcohol level in
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- excess of 80 m.g. You can refuse to give a breath sample until you have
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- communicated in private with your lawyer even if this takes you beyond the
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- two hour period, unless it is shown that your request for a lawyer was not
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- genuine and merely to delay the testing. The test can be done after the two
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- hour period, but a technician must testify in court as to what your blood
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- alcohol would have been in the two hour period. You cannot refuse to accom-
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- pany the officer until you see your lawyer. You can argue that the officer
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- didn't have reasonable and probable grounds to suspect you, but this however
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- depends on the circumstances.
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- "Refusing to submit to a Roadside Screening Test" is the last
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- offence. When you commit this offence you are refusing without reasonable
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- excuse to give a breath sample for a roadside screening device, or refusing
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- without reasonable excuse to accompany a police officer for the purposes of
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- giving such a sample, when demanded by an officer. Before the officer
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- demands a breathalyzer he must reasonably suspect that you have alcohol in
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- your blood.
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- The maximum penalties for impaired driving causing bodily harm to
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- someone is up to 10 years in prison and up to a 10 year prohabition from
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- driving. The maximum penalties for impaired driving causing death is up
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- to 14 years and a 10 year prohabition from driving. The maximum penalty
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- for manslaughter and criminal negligence causing death is up to life in
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- prison and up to a lifetime prohabition from driving.
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- I think that these penalties for all the drinking and driving
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- offences are very appropriate, but I think impaired driving causing death
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- should be a lifetime imprisonment. Also if a person is impaired and
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- causes bodily harm to some one they should have their licence suspended
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- from him for 20 years instead of 10 years.
- BIBLIOGRAPHY
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- Highway Traffic Law, (Copyright January 1986: Community Legal Education
- Ontario) p.17-32
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- Government Document, Canada Law Reform Commision Report on Investigative
- Tests: Aclohol, Drugs, and Driving Offences (1983).
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- Erwin,Richard E. M.Bender ,Defence of Drunk Driving Cases, Criminal Civil
- (Albany 1986) p.79-81
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- Purich, Donald John, Drinking and Driving:What To Do If Your Caught
- (International Self Counsel Pr. 1978) p.22-25
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- Verticle File at Hill Crest Library, Drinking and Driving-Offences ands
- penalties:A Summary (1988) p.2
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- Verticle File at Hill Crest Liabrary, Criminal Code-Part 6 (1989),
- section 3, section 11.
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- Verticle File at Hill Crest Library, HighWay Trafic (1989), section 26
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