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

zulutango · 06-15-2011, 05:57 AM

If I stopped a driver and I had grounds to believe that they had consumed alcohol and it was still in their body then I entered into an investigation to see if they were legally impaired. If you find a dead body in the trunk of a car you enter into a murder investigation...not one for the driver permitting an unbelted passenger in a vehicle. You investigate the most serious charge first. If the body has died from natural causes and it being transported to the morgue because the hearse broke down then at the worst you may have a charge of indignity to a body.

If your impaired investigation finds that the level is over .05mg% and under .08mg% then you get into the 24 hour suspension process irregardless of the drivers DL status. If the reading is under .05mg% and the driver is found to be violating the restrictions of his L or N DL then you apply the appropriate 12 suspension as mandated under 90.3. The driver knows they have consumed alcohol and that they are forbidden to to do so by the restrictions written on the back of their DL, so it should be no surprise that they are open to being prosecuted under 25(15) for violating those restrictions, part of which is the 12 hour penalty. I'm not good enough to tell the difference between .049 mg% and .051 mg% by observing symptoms of consumption and I don't know who is so I will be using the ASD/RSD to find out. How I proceed depends on the actual level.

We must remember that the Police are not required to demand...the section says that...A peace officer may . A N or L driver who consumes and drives/ has C&C knows in advance that they will be suspended if caught...only thing that is not known by them is if they will get a 12 hour or 24 hour suspension. They have no right to expect to get off if they submit to a demand, the zero alcohol printed on their DL tells them that. They are not volunteering to take a get home free test. They already know that they are going to get at least a 12 hour...what they might not get as a result of the ASD, is prosecuted under the CC or have a 90 day prohib under the 215 legislation. What the test result will show them is if they will get suspended for 12 or 24 hours...or it will show them that they have zero alcohol in their system. They know that this is not true because they have been drinking. They can't expect the RSD will give them a reading of zero when they know they drank. There can't be confusion if they know in advance that they are choosing to violate the restrictions. Just remember Russel Peter's dad's words.

06-15-2011, 05:57 AM	#46
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	If I stopped a driver and I had grounds to believe that they had consumed alcohol and it was still in their body then I entered into an investigation to see if they were legally impaired. If you find a dead body in the trunk of a car you enter into a murder investigation...not one for the driver permitting an unbelted passenger in a vehicle. You investigate the most serious charge first. If the body has died from natural causes and it being transported to the morgue because the hearse broke down then at the worst you may have a charge of indignity to a body. If your impaired investigation finds that the level is over .05mg% and under .08mg% then you get into the 24 hour suspension process irregardless of the drivers DL status. If the reading is under .05mg% and the driver is found to be violating the restrictions of his L or N DL then you apply the appropriate 12 suspension as mandated under 90.3. The driver knows they have consumed alcohol and that they are forbidden to to do so by the restrictions written on the back of their DL, so it should be no surprise that they are open to being prosecuted under 25(15) for violating those restrictions, part of which is the 12 hour penalty. I'm not good enough to tell the difference between .049 mg% and .051 mg% by observing symptoms of consumption and I don't know who is so I will be using the ASD/RSD to find out. How I proceed depends on the actual level. We must remember that the Police are not required to demand...the section says that...A peace officer may . A N or L driver who consumes and drives/ has C&C knows in advance that they will be suspended if caught...only thing that is not known by them is if they will get a 12 hour or 24 hour suspension. They have no right to expect to get off if they submit to a demand, the zero alcohol printed on their DL tells them that. They are not volunteering to take a get home free test. They already know that they are going to get at least a 12 hour...what they might not get as a result of the ASD, is prosecuted under the CC or have a 90 day prohib under the 215 legislation. What the test result will show them is if they will get suspended for 12 or 24 hours...or it will show them that they have zero alcohol in their system. They know that this is not true because they have been drinking. They can't expect the RSD will give them a reading of zero when they know they drank. There can't be confusion if they know in advance that they are choosing to violate the restrictions. Just remember Russel Peter's dad's words. Last edited by zulutango; 06-15-2011 at 06:02 AM.