Posts Tagged ‘dui’
With today’s passing of Bill 26, Albertans are soon to face much tougher penalties in regards to impaired driving, and blowing between the 0.05 BAC warn limit, and the 0.08 BAC criminal DUI limit. Under the new law, if a person is caught driving with a BAC level from 0.05 to 0.08, their license would be suspended for 3 days, and their car could also be seized for the same period. That’s an increase from the previous 24-hour suspension for blowing between the 2 levels.
There has been a lot of debate over how strict this limit is, and how many drinks will actually tip you over the limit. In our first unscientific breathalyzer challenge, we found that most of us couldn’t even register a 0.05 while drinking at a bar, even though all of us did not feel safe to drive. We concluded at that time that 0.08 is way too high of a limit, and applaude the tougher 0.05 rules that were being considered.
There were a lot of criticism over our testing methods,
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The B.C. Liberal government introduced new rules for drinking and driving into the House Tuesday morning.
Drivers who blow above 0.08 will face a 90-day suspension and a $500 fine. As well, they will have their vehicle impounded for 30 days and may also face criminal charges.
Those who are between 0.05 and 0.08 will get a three-day ban and a $200 fine for a first offense.
I recently overheard a conversation between young people where they discussed the daily use of marihuana - on their way to and from school and in their cars. They said it did not affect their ability to drive and that it went undetected by parents, teachers, employers and the police. Could you please discuss what methods are available, if they are being utilized to identify drivers under the influence of marihuana and how effective it is.
I did not receive Drug Recognition Expert (DRE) training during my traffic enforcement service, but I was able to work alongside others who had been trained and learned enough to be confident of my decisions when I issued 24 hour prohibitions for the use of marihuana.
A driver under the influence of marihuana is more difficult to detect than most other illegal drugs, but it does produce the following symptoms: blood shot eyes, accelerated heart rate (tachycardia), muscle tremors and forgetfulness. Marihuana impairments include: difficulties with judgement, depth perception and the ability to maintain attention. All of these skills are necessary for the safe operation of a motor vehicle.
How effective are Drug Recognition Experts? A driver may be convicted of driving while impaired by a drug based on driving or care and control evidence and the impairment evidence given at trial by the DRE. Recent amendments to the Criminal Code have significantly expanded the use of the DRE by making it a requirement for a suspected impaired driver to submit to an exam rather than voluntarily participate.
Chad Kroeger, the lead singer for a Canadian rock band, Nickleback was found guilty for charges he received back in June 2006.
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I spoke to a woman this week who was upset at the way the police had handled the clearing of an out of control party at a residence. The officer had advised all the teens that they must leave immediately and would not listen to reasons for doing anything other than that. She was upset because this forced the teens to drive away from the party while impaired.
I will not discuss his behaviour, but that of those who placed him in this position.
The last time I checked, the legal drinking age in British Columbia was 19. Had the law been followed, the majority of the teens at the party would not have been in this situation to start with.
The Graduated Licensing Program requires that its participants have no alcohol in their blood at the time of driving. Why would a teen in the GLP choose to go to a party and consume alcohol knowing that they were going to drive away from it at some time during the evening?
The officer did not force the teens to get into their cars and drive. The majority of them had two good legs, and assuming that they were parked legally, could easily have walked home and returned to pick up their vehicles the next day. They could also have used their cell phones to call for rides.
Full blame must not be placed on the teens. After all, they recieved permission to use the vehicles involved from their parents. I dare say that there is a duty of care placed on the parents whenever they hand over the car keys or sponsor the ownership of a vehicle.
Common sense and courtesy toward the neighbours by the party goers would also have meant that the police would not have known about the gathering in the first place.
There has been an interesting discussion in a driving forum that I moderate on the internet in the past week. The initiator of that discussion wondered why he had been hassled by the police for driving when his blood alcohol level was less than the legal limit. He felt that a 24 hour prohibition was inappropriate when he “only blew a warning.”
The people who follow the philosophy that if you drink, don’t drive and if you drive, don’t drink are among the few who truly understand what is safe in my view. I’ve always wondered why the law waits until a driver has a blood alcohol concentration (BAC) of 50 mg% or more before any action is taken. Impairment truly begins before this BAC level.
A number of years ago the provincial government surveyed the police with regard to traffic enforcement. At that time I suggested there should be a ticket, much the same way as speeding is dealt with, for those who drink and drive. For zero to 20 mg% or about the value of one drink, nothing would happen. Between 20 and 35 mg% a fine comparable to the first level of speeding ticket should be issued. 35 to 50 mg% would see the next level, 50 to 75 a third level and 75 to 100 the fourth with levels 3 and 4 also bringing a 24 hour prohibition. Any BAC higher than that could be dealt with through criminal charges.
I’ve always thought it strange that a driver traveling 20 km/h over the speed limit received a ticket if caught and a driver with a BAC of 45 mg% was told to drive carefully and allowed to continue on his or her way. There is no doubt in my mind that the driver with the BAC is more dangerous than the driver with the slightly heavy foot.
Do our politicians have the wrong focus? Due to recent legislation a smoker is required to keep away from me, but it’s still all right to have a few belts and get behind the wheel where you can kill me instantly. At least that seems to be the message from Victoria.
A judge has overturned drunk driving charges for a 64 year-old man after ruling that a Zamboni is not a motor vehicle. John Peragallo was charged with DUI after a co-worker told police he had been drinking before operating the four ton machine. Peragallo allegedly was speeding and nearly crashed the Zamboni into the boards at a local arena.
Police said Peragallo’s blood alcohol level was 0.12 percent. A level of 0.08 is considered legally drunk in New Jersey
Geez. How he originally got charged is beyond me, thats almost like charging people who operate golf carts while drinking!, because you know, nobody drinks while playing a round of golf. Better get a designated driver before tee time.
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