Quote:
Originally Posted by zulutango
Simnut ( in his forst ever post, btw) said that
When a police officer begins his investigation into the drinking and driving of a novice driver, they must begin with section 90.3! Section 90.3(2b)
Not true,...if Police choose to proceed with the investigation thru that section, then that is the procedure they follow. You are saying that they must only proceed that way...and that is not true. If there are grounds to believe impairment exists and it is over .05mg% or over .08mg% then they follow those procedures. You don't ignore symptoms of possible Criminal Code impairment just to proceed with a 12 hour suspension, simply because the driver is potentially violating restrictions placed on his drivers' licence. You use the 12 hour suspension process to issue a VT for drive contrary to restrictions....zerol alcohol. If in this process you discover a level of impairment under .05mg% then a 12 hr suspension would be appropriate. If it is between .05mg% and .08mg% then you would issue a "normal 215" suspension and follow that process. If it was above .08mg% then you are looking at criminal code proceedings as an additional option, depending on the circumstances.
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If you read section 90.3 carefully, does it not say that the police officer, if pulling over a Novice driver...they must proceed in the manner of section 90.3.
90.3(2) A peace officer may, at any time or place on a highway or industrial road if the peace officer has reasonable and probable grounds to believe that a driver has alcohol in his or her body,
The part above tells us that a peace officer MAY begin the next process as stated in sections (a) and (b).
(a) request the driver to drive the motor vehicle, under the direction of the peace officer, to the nearest place off the travelled portion of the highway or industrial road, and
(b) by demand made to that driver, require the driver to promptly provide a sample of breath that, in the opinion of the peace officer, is necessary to enable a proper analysis of the breath to be made by means of an approved screening device and, if necessary, to accompany the peace officer for the purpose of enabling that sample of breath to be taken.
Do you see that little, powerful word at the end of section 90.3(2)a? It is "and". That connects the two sections, A and B. Once the officer pulls over the driver off the travelled portion of the road, the second step is requiring the driver to provide a sample of breath. The two go hand in hand, because of that little word.
Just my take on it.... lol
