Quote:
Originally Posted by jlenko
You missed my point...no drink at all, means no BAC to begin with.
Not your "drink, then sober up, then drive and get caught" version. Don't drink to begin with. Or don't drive afterwards, period.
So what's the real reason behind your rant on this? Your kid get caught driving after drinking? Or you trying to become a lawyer? I'm interested why you're so hot on this topic, when the issue according to the police officers here isn't as common as you seem to make it out to be.
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See, this is the problem. Many...and you as it also appears.....consider the driver GUILTY until proven innocent. Not one of you in this forum would even consider accepting that if it were to involve you.
Nope, my kid did not get caught driving after drinking! He had a couple of beer AFTER the incident. He went into a ditch while looking at his cell phone and this he admitted right away to the officer. I KNOW...that's a whole different topic!! We'll leave that one alone at this point please! It was a deserted stretch of narrow road..no one around...and he sustained a 2-3" gash on his chin (down to the jaw bone) from the steering wheel. He went about 1/2 kilometer down the road to a friends house whose wife is a nurse for help. WHILE there getting cleaned up...he had beer!
Nothing....NOTHING....illegal about that! He then went back to his truck to deal with the situation.....and which point the police were there. If he was SO guilty....why did he go back to his truck? Why ? Because there was nothing illegal in what he had done!!!!!! <------------- Why is that so hard to understand? There is a time of about 1 hour between him going into the ditch and the officer dealing with him. The officer had NO prove that he had ANY BAC at the time of having care and control of the vehicle!!!! This is the reason it will get overturned in the Supreme Court of BC. It's cut and dried. They can't even change the charge to the 12 hour suspension....as there was no breath analysis done as required by section 90.3 . And, before you say it....even the "irate" officer didn't consider it "leaving the scene" of an accident....she considered it reasonable. Even ICBC honored the insurance claim...they considered this reasonable...so don't bother bringing up the fact that he "left the scene".
But , if you would carefully read my posts...this aspect never entered my discussion about the 24 hour prohibition and the novice driver. These questions I have been raising are a result of researching the 24 hour prohibition , the 12 hour suspension and the novice driver.
I'm am not trying to become a lawyer....but as a citizen of Canada, and of BC....I am entirely in my rights to question procedures and the MVA as it's written. If you read the MVA, sections 215 and 90.3......you will see discrepancies between how a novice driver should be handled and how they are handled!
I am passionate about the fact, that novice drivers MUST be demanded by the officer to provide a breath sample when they are pulled over because of suspected drinking and driving .
I am passionate about the fact that a section of the MVA (the 24 hour prohibition) has morphed into something completely different (involving a novice driver) that what it was written for .......section 90.3 was written for the novice driver.
I am passionate about proper procedures as the MVA states, and not an "irate" officer who may have had a bad day (which we all do) just firing out a 24 hour prohibition which could affect a persons life for 4 months.
I am passionate about the fact that the police don't have to tell you the right that is on the back of the 24 hour prohibition notice.
I am passionate about the fact that the OSMV has become an untouchable "entity" (which we should all be concerned about), collecting "disputing fees" and then just doing what they want anyways.
I am passionate about the fact that laws are written to PROTECT our rights (yes...even the lowly novice driver) and provide a method of "bringing down" justice and that these should be followed.
Oh, I'm passionate about my wife too
So, this is where I'm coming from. Sure, my son received a 24 hour prohibition....but that is a whole different ball game and has nothing to do with my "rant" I have going now.