As I sit here thinking.....as usual about this
, a part of the 24 hour process comes to mind that kind of throws an other aspect into this. The timing of everything. When a driver is handed their copy of the notice, the first time that they can "read" their right about requesting a roadside test......the prohibition is in effect already. What I'm saying is that the prohibition is in effect BEFORE the driver can even learn or read of their right to request. And this is corroborated by the statement "the prohibition is terminated and you are allowed to drive". Something has to be in place to be terminated. So, section 215 is almost a 2 part scenario. A charge......and an event to terminate the charge, IF used. So, if the second event doesn't happen, the charge "sticks". If the second event is used and an BAC of below .05 is found, a regular driver can continue on. If the second event is used, and alcohol is detected below .05 of a novice driver, another charge can be/should be issued using "evidence" provided BY the driver...not demanded by the police which it should have been in the case of a novice driver.
Okay...I've got to get to sleep now.....my wife says this is becoming an obsession with me! lol I actually quite enjoy the research and semantics of these two sections. And , as you can tell, I like to "discuss", sorry....I take after my father, a stubborn dutchman!
I've just checked the bios of the mods in this forum, and I'm surrounded by police officers....don't worry...I feel safe! I have to keep in mind how YOUR training keeps you guys suspicious.....and I mean this is a proper way. Being suspicious in your job keeps you
safe, and "motivation" and direction for your job. I am a civilian, and have another way of looking at things....
I have no intentions of trying to do your job as you've be trained....that's not my point. My point is that perhaps the direction of the province maybe in error.