24 Hour Prohibition & Driving W/O Consideration

[Simnut]

Originally Posted by jlenko

‪you're my hero‬‏ - YouTube

Tell ya what.. when someone comes along with a thread saying "I'm a N driver, and I got caught drinking and driving, but they only gave me a 12 hour suspension!?" then I'll have them come to this thread and thank you personally for changing the world.

Thank you, drive thru.

You're welcome! But you still have it wrong.......send a novice driver to me, that WAS going to get a 24 hour suspension based on an incorrect "observation" by the officer, but instead, is proven innocent by blowing 0.0 on a demanded test because the officer started with section 90.3!
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[Simnut]

Originally Posted by Soundy

Is it really? Or is it the same tune as before, and they've just done a better job of clarifying things?

Well, the song is the same....the laws are what they always have been. But, NOW the OSMV is stating "clearly" that the officer MUST begin with a roadside test (section 90.3) when investigation a suspected drinking and driving novice. Giving a 24 hour notice to a novice driver based on observation alone has been an incorrect procedure in this situation....a procedure that all the powers that be have "allowed" to happen in the past.

I talked to a friend of mine, who is now retired from the RCMP and worked here in Shawnigan Lake. He kind of laughed about this thing and then related a story to me which explains why "proof" by roadside test for a novice is so important.

" His son came home one night....and my friend said he smelled like a brewery. As his son was under aged at the time...he wanted to prove a point...went out to his police car and got the ASD. His son blew.... a 0.0....with great disbelief by my friend."

My friend, a seasoned officer, assumed that his son was drinking because of the odors coming from his son. But the smells were from hanging around people that WERE drinking that night. In this case, a seasoned officer's "observation" was incorrect.......and, by demanding a roadside test from a novice driver "on the road", this kind of situation would not happen. Very important...as you well know the consequences for a novice driver if receiving a 24 hour prohibition.

You see where I'm getting at?

[Soundy]

Originally Posted by Simnut

But the smells were from hanging around people that WERE drinking that night.

Ah yes, a variation on the famed Rebagliati Defense.

[skidmark]

But he never swallowed....

[sebberry]

Ok, I know that this is splitting hairs, but if a Novice driver is required to have NO alcohol in his body while driving, how does the law differentiate between alcohol consumed and the ethanol produced by the digestive system?

[zulutango]

I know you can light farts but I've never seen anyone light their breath? That answer your question?

[Soundy]

So when do cops start carrying fartalyzers?

"Sir, could you please toot into this device?"

[Simnut]

Originally Posted by Soundy

So when do cops start carrying fartalyzers?

"Sir, could you please toot into this device?"

I think you might find many officers "retiring" at that point! lol

[Simnut]

Originally Posted by sebberry

Ok, I know that this is splitting hairs, but if a Novice driver is required to have NO alcohol in his body while driving, how does the law differentiate between alcohol consumed and the ethanol produced by the digestive system?

An "interesting" read:
How Do Farts Form? - Softpedia

And about how the body handles alcohol:
About Alcohol

Because the blood acts so closely with the air we breath in....via the lungs...the BAC levels can be measured from this deep lung air. The reason a driver has to blow so hard and long on an ASD.