[Simnut]

You are missing my point. I am NOT trying to get the law changed so that novice drivers with BAC up to .05 should be permitted to drive!!!!! But if they are issued a 24 hour prohibition without a demanded breath sample, the rights stated on the back of the 24 hour prohibition notice states that they are!!!!!! THIS is why I am saying the 24 hour as a first step is not valid!!!! The 24 hour prohibition describes a driver that IS allowed to drive with up to .05 BAC. So, how can this charge be applied to a novice driver!?? That is my point!


Hey, I'm the first to back the zero tolerance for alcohol for the novice driver, but use section 90.3 as the first step of the investigation into such! It accomplishes the same thing as the 24 hour prohibition, but does not create loopholes or stepping on the rights of such drivers.

I assume that you are/were a police officer?

If you are/were, or if you can "imagine" to be one...what would you do if a novice driver, when you issued him/her the 24 hour prohibiition, asked for a roadside test to prove that they were under the BAC of .05 but alcohol is detected? What if they prove to be under .05 and understand the right written on the back of the 24 hour notice? On the back it says:

“If a blood alcohol test was NOT administered and was not a basis for serving this notice, you have the RIGHT to forthwith request a test to determine your blood level. In the event the test indicates that your blood alcohol level does not exceed 50 milligrams of alcohol in 100 millilitres of blood, the prohibition from driving is terminated. The prohibition will not appear on your driving record and you will be allowed to drive.”


Now....you have just handed a ticket to a driver, that understands the rights on the ticket.....you're in a predicament. Do you let the driver go...remember, he/she is a novice driver, where they are not to have ANY alcohol in their system while driving. Many officers/officials have told me they would then just issue a 12 hour suspension. How do you explain that to the driver that was just "told" by the above information on the ticket they just received....that they are allowed to drive? Ooops.....I'm sorry....wrong charge. Here is a 12 hour suspension. After receiving a 12 hour suspension, they will NOT be able to drive? Do officers have the knowledge of the law and have the capability to explain why that driver now cannot? A real confusing situation.........and incorrect situation.

Perhaps a 24 hour prohibition only works with a novice driver as a first step of the investigation IF, IF the driver does not know their rights and does NOT ask for a roadside test. So, a charge works by "lack of information" to the driver. But to me, this would be considered stepping on someones rights.

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If we take the same scenario as above, but you, as the officer, begin your investigation with section 90.3. You demand a roadside test.....and give the driver a 12 hour suspension when alcohol is detected. Bingo! Incontestable! Oh, but the driver blew a .06....24 hour prohibition! Incontestable! Simple!