Quote:
Originally Posted by zulutango
Maybe the "confusion" exists because we are dealing with 2 areas here...the first is a novice driver who is driving contrary to restrictions that require no alcohol (and all the rest of the specific restrictions)...and the second is a driver who is impaired by having over 50mg%. A fully licenced driver is not capable of being charged for having too many passengers in his vehicle but a novice does. A learner MC driver is restricted from driving after dark. If he is stopped for speeding at midnight he is subject to the speeding VT and to the drive contrary to restrictions VT than a fully licenced Mc rider would not. Initially he is stopped for one charge but the investigation has discovered that he is a L who is breaking his specific L restrictions. It's not double jeopardy, it's 2 different laws being broken. The Cop can let him off the speeding ticket...or charge him, but he should not let him continue to drive. I 'm interested in seeing the outcome of your request. Please keep us updated.  |
In the case of too many passengers, the proof is right there...right in front of everyone's eyes. The speeding is proven, by either radar or vehicle timing. In the case of alcohol IN the system, the proof (which stands in a court of law) is via a ASD or a breathalyzer. You see the difference?
In the case of the 24 hour and the 12 hour, we are talking about a driver that has alcohol in their system but at two allowable levels. The 24 hour will stick even IF the driver has a BAC of only .01
IF that driver does not request a roadside test. The 90.3 "sticks" regardless, with a novice driver.
A 24 hour can be given by observation alone. For a regular driver, all this does is prevents them from driving for 24 hours...no big deal compared to what occurs with a novice....lesson learned and there IS a way out as mentioned. For a novice driver, it means a 4 months suspension of their license. Now, would it seem that the officer had be pretty sure that this driver has alcohol in his system to affect his "life" to that extent? What if the odor on the breath or odor emanating from the vehicle was from a candy, mouthwash.....someone else in the car?
I believe this is one of the reasons why section 90.3 (
where a roadside test is mandatory) came into effect. To make SURE there is alcohol in the novice drivers system and not base it just on "assumption or reasonable and probable grounds, because the ramifications are so harsh along with the fact that section 215 just doesn't describe a novice driver.
Do you notice that these two charges are called a 24 hour
prohibition (meaning you still have your license, but are prohibited from driving for that period of time) and a 12 hour
suspension (
meaning you, in effect, DON'T have a license for that period of time)?
The severity of the penalties given to a novice driver require "evidence" (roadside test) to be fair to the novice driver.
What would happen, if section 90.3 was not legislated?
Remember, 90.3 does not say that a novice driver must have zero tolerance for alcohol (section 25(10.1) ,mandates that) , it is a charge to be carried out if the novice driver DOES have alcohol within their system. If we didn't have section 90.3, officers would have to let novice drivers go if shown to be under .05. I believe (stubborn old dutchman coming outta me again
) that section 90.3 "replaces" the 24 hour prohibition and the novice driver. And, if you read section 90.3 carefully, it says that "when" an officer DOES pull over a novice driver and suspects alcohol in their system, they MUST demand a roadside test. For the reasons I have mentioned above.
I will definately keep all informed as to how it goes for this "campaign". I hope everyone can see that I am not out to "change" any laws.....just to show that one can't be used against a "class" of driver here in BC. But that is not a negative thing.....section 90.3 does just as well in this situation! So it is just a procedural issue!
Can you see how easy life would be for the police, the OSMV and the courts if they DID utilize the section 90.3 against novice drivers? Pure heaven for all....no appeals processes, no doubt about alcohol present, no court cases ....
