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In this discussion, I would like all to please remember....I have full respect for the police and the job police officers do. I wouldn't want to do it....it's not an easy job! I have two RCMP members in my family and completely understand what their training has provided so they can do their job. But, because of the type of job it is, precision while doing the job is so important. If you are, or know a police officer.....CYA (cover your ass) is a VERY important part of the job, not only in allowing a "case" to be finished properly..but protecting the officer from "backlash" of any kind.
I am very interested in this issue that I've been discussing here, because of the procedure only....not the fact that someone is going to get a violation ticket, or worse , from drinking and driving. As a "civilian" I need to know that correct procedures ARE being followed, and in this case......I don't believe they are. Sure, the Office of the Superintendent of Motor Vehicles and the way they handle things at their end do not help with this situation. They have morphed into a "lawful entity" unto themselves, which may not be a good thing....for us civilians! I know they are there to protect the driving public, and me being one of them.....appreciate the fact that they do.
But, when useful information like "you have the right to ask for a roadside test if issued a 24 hour prohibition" is not given to...and made sure that the driver understands, I find this to be an issue. It is an issue because this is the exact reason the OSMV will deny a 24 hour prohibition appeal! I know this would create more work for the officer at the scene....now the ASD has to be brought out, time taken to explain what the driver needs to do....etc. But, isn't it fair for all? If the driver is under .05, it is fair for the driver because they are allowed to drive. If it is over .05, the 24 hour still stands..the officer is doing their job.
Novice drivers have lower penalty levels and harsher ramifications. But they have rights too. If a police officer issues the 24 hour prohibitions to them, meaning the officer is treating them as one class of driver (regular driver) does the right on the reverse side of the ticket not apply to them too?
I am starting to rehash what I've stated already. I believe this whole situation can be made uncomplicated with a novice driver and drinking and driving. Utilize the correct section when beginning the investigation.
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