I'm not saying to let anybody off the hook! It's a matter
how the investigation is conducted and of given "rights" when conducted in a particular manner. What I am saying is that you cannot give a novice driver a 24 hour prohibition (and a 12 hour as far as that goes, as stated in section 90.3) without a "demanded" breath sample.
If you, as the officer, don't demand a breath sample in the 24 hour charge, then you
HAVE to respect the right written IN the act and on the back of the notice
IF the novice driver "requests" a roadside test and blows below .05. You ,as the officer, are "handing" that right to him as you hand the 24 hour notice. In your act of handing him the 24 hour prohibition (without a demanded breath sample) you are "treating" him or classifying him as a driver that has that right available. Again, the key words..."allowed to drive" stated in black and white (actually grey and blue) on the exact prohibition you are issuing. If you say, but he's a novice driver and he's not allowed ANY alcohol in his system, then why are you handing him a piece of "" that tells him he is allowed to have below .05 BAC? Can it be that only one side of the prohibition notice applies to him, not the other?
My problem lies with what happens IF the novice driver requests, blows below .05 and is NOT
allowed to drive because you then issue a 12 hour suspension. That "right".... that YOU, just handed to him a few minutes ago ON the 24 hour prohibition you were issuing, might as well have been confetti, cow dung....or anything, because it ended up not being a "right", right? If you put yourself in the position of giving someone a right, you have to stand by it!
Now, in saying this........in your post, you say that you would demand a breath sample to see what direction you would go!
PERFECT!!!!!!! EXACTLY!!!!!!! 
By demanding the breath sample, you , as the attending officer have ELIMINATED the "use" of the right on the back of the 24 hour notice.
That right on the reverse side of the notice only happens when the driver "requests" a roadside test.
Can you issue a 12 hour suspension to a novice driver without a roadside test? NO.
How do you know if they are over or under the .05 "allowable" limit in BC ? Roadside test, as you do.
In the manner that
you do it (conduct the investigation I mean
) it works...perfectly.
Perhaps I'm putting to much thought into this "allowed to drive" thing. But you know what....as a civilian, dealing with an officer....and I read that right, and I fulfill the requirements of that right...and I'm still not allow to drive.........????????? Whaaaa???????
But you know, it's easy.....just demand a breath sample (
as you do)........hang on.............thats the way Section 90.3 starts!
