REVscene Automotive Forum - View Single Post - 24 Hour Prohibition & Driving W/O Consideration

zulutango · 06-11-2011, 08:50 AM

Simnut ( in his forst ever post, btw) said that

When a police officer begins his investigation into the drinking and driving of a novice driver, they must begin with section 90.3! Section 90.3(2b)

Not true,...if Police choose to proceed with the investigation thru that section, then that is the procedure they follow. You are saying that they must only proceed that way...and that is not true. If there are grounds to believe impairment exists and it is over .05mg% or over .08mg% then they follow those procedures. You don't ignore symptoms of possible Criminal Code impairment just to proceed with a 12 hour suspension, simply because the driver is potentially violating restrictions placed on his drivers' licence. You use the 12 hour suspension process to issue a VT for drive contrary to restrictions....zerol alcohol. If in this process you discover a level of impairment under .05mg% then a 12 hr suspension would be appropriate. If it is between .05mg% and .08mg% then you would issue a "normal 215" suspension and follow that process. If it was above .08mg% then you are looking at criminal code proceedings as an additional option, depending on the circumstances.

"I believe that we do have the right to drive, as much as we have the right to walk in public. And as such, we must be protected of our rights."

You may well believe that, but that is not the case in existing law. Courts continue to uphold that driving is NOT a RIGHT in Canada. BTW Harry, your background is interesting..http://www.okanaganlakebc.com/commun...em_results.htm

06-11-2011, 08:50 AM	#26
zulutango RS Peace Officer Join Date: Feb 2007 Location: Vancouver Islan Posts: 3,867 Thanked 1,636 Times in 683 Posts Failed 64 Times in 27 Posts	Simnut ( in his forst ever post, btw) said that When a police officer begins his investigation into the drinking and driving of a novice driver, they must begin with section 90.3! Section 90.3(2b) Not true,...if Police *choose* to proceed with the investigation thru that section, then that is the procedure they follow. You are saying that they must only proceed that way...and that is not true. If there are grounds to believe impairment exists and it is over .05mg% or over .08mg% then they follow those procedures. You don't ignore symptoms of possible Criminal Code impairment just to proceed with a 12 hour suspension, simply because the driver is potentially violating restrictions placed on his drivers' licence. You use the 12 hour suspension process to issue a VT for drive contrary to restrictions....zerol alcohol. If in this process you discover a level of impairment under .05mg% then a 12 hr suspension would be appropriate. If it is between .05mg% and .08mg% then you would issue a "normal 215" suspension and follow that process. If it was above .08mg% then you are looking at criminal code proceedings as an additional option, depending on the circumstances. *"I believe that we do have the right to drive, as much as we have the right to walk in public. And as such, we must be protected of our rights."* You may well believe that, but that is not the case in existing law. Courts continue to uphold that driving is NOT a RIGHT in Canada. BTW Harry, your background is interesting..http://www.okanaganlakebc.com/commun...em_results.htm Last edited by zulutango; 06-11-2011 at 09:06 AM.