Evidence of your condition can be used to convict you. This can
Include evidence of your general conduct, speech, ability to walk
A straight line or pick up objects. The penalty of the first
Offences is a fine of $50.00 to $2000.00 and/or imprisonment of up
To six months, and automatic suspension of license for 3 months. The
Second offence penalty is imprisonment for 14 days to 1 year and
Automatic suspension of license for 6 months. The third offence
Penalty is imprisonment for 3 months to 2 years (or more) and
Automatic suspension of license for six months. These penalties
are the same for the following offences. "Having Care and
Control of a Motor Vehicle while impaired" is another offence.
Having care and control of a vehicle does not require that you be
driving it. Occupying the driver's seat, even if you did not have the
Keys, is enough. Walking towards the car with the keys could be
Enough. Some defenses are you were not impaired, or you did
not have e care and control because you were not in the driver's
Seat, did not have the keys. It is not a defense that you
Registered below 80 m.g. on the breathalyzer test. Having care and
Control depends on all circumstances. "Driving While
Exceeding 80 m.g. is the next offence. Driving a vehicle, having
consumed alcohol in such a quantity that the proportion of alcohol
in your blood exceeds 80 milligrams of alcohol in 100 milliliters of
blood. Some defenses are the test was administered improperly, or
the breathalyzer machine was not functioning properly. "Having Care and control of a Motor Vehicle while Exceeding 80 m.g." is the next offence This offence means having care and control of a vehicle whether it is in motion or not, having consumed alcohol in such a quantity that the proportion of alcohol in your blood exceeds 80 miligrams of alcohol in 100 mililitres of blood. The defenses are the test was administered improperly, or
The breathalyzer machine was not f functioning properly. To defend
against breathalyzer evidence you must understand how the test
should be administered. The proper procedure for a breathalyzer
test is as follows. Warming up the machine until the thermometer registers
50 degrees centigrade. This should take at least 10 minutes. The
Machine should then be turned to zero (by using the "adjust zero
control") and a comparison ampoule (of normal air) inserted. If
The meter remains at zero, the test can proceed. An ampoule with a
Standard solution is then inserted. If the meter reads high or low
by more than .02% on two successive tests, the machine should not
Be used. If the trial is valid, the machine should be flushed with
room air and the pointer set at start. You will t hen be asked to
Provide two breath samples, about fifteen minutes apart. Normally
They will take the result of the lowest result and use it as evidence
against you. "Refusing to Give a Breath Sample" means
refusing without a reasonable excuse to give a sample or refusing
without a reasonable excuse to accompany a police officer, when
Demanded by the police officer. Before demanding by the police
Officer, he must have reasonable and probable grounds to believe
That you are committing or at any time in the preceding two hours
have committed, one of the offences of driving or having care and
control of a vehicle while impaired or while having a blood alcohol level
In excess of 80 m.g. You can refuse to give a breath sample until
you have communicated in private with your lawyer even if this
Takes you be yond the two hour period, unless it is shown that your
request for a lawyer was not genuine and merely to delay the
testing. The test can be done after the two hour period, but a
Technician must testify in court as to what you r blood alcohol
Would have been in the two hour period. You cannot refuse to accompany
The officers until you see your lawyer. You can argue that the e
Officer didn't have reasonable and probable grounds to suspect you,
But this however depends on the circumstances.
"Refusing to submit to a Roadside Screening Test" is the l st
Offence. When you commit this offence you are refusing without reasonable
Excuse to give a breath sample for a roadside screening device, or
Refusing without reasonable excuse to accompany a police officer
For the purposes of giving such a sample, when demanded by an
Officer. Before the officer demands a breathalyzer he must
Reasonably suspect that you have alcohol in your blood.
The maximum penalties for impaired driving causing bodily harm to
Someone is up to 10 years in prison and up to 10 year probation
From driving. The maximum penalties for impaired driving causing
Death is up to 14 years and 10 year probation from driving. The
Maximum penalty for manslaughter and criminal negligence causing
Death is up to life in prison and up to lifetime probation from
Driving. I think that these penalties for all the drinking
And driving offences are very appropriate, but I think impaired
Driving causing death should be a lifetime imprisonment. Also if a
Person is impaired and causes bodily harm to some one they should
Have their license suspended from him for 20 years instead of 10
Years.
