New Ontario Impaired Laws are another cash grab for the Insurance Folks

Machjo

Hall of Fame Member
Oct 19, 2004
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Ottawa, ON
I'll preface this by saying I don't drink and drive, my license is my trade, but Ontario has gone crazy with its approach to Impaired Driving.

Their new drunk driving laws are absolutely ridiculous.

First of all a first time offender is now required to have an ignition interlock system in their vehicle. Now I know this may seem absolutely acceptable to some, but think of a young person who makes that mistake. First off they pay a heavy fine, (completely acceptable), second they face a suspension of up to a year, (completely acceptable) and now Ontario has ratcheted that up by stating that they must have an ignition interlock system in their vehicle for up to a year. Or they can't drive.

While I am not advocate of drinking and driving and fully support punishing those that break that law I think the Ontario Government has overstepped its authority by introducing provincial laws that skirt Federal Laws regarding drinking and driving. For example. The minimum alcohol blood content is .08, but in Ontario they can suspend your license for 30 days, impound your car and contact your insurance company without any due process if your register between .05 and .08.

A blood alcohol level of .05 is not illegal, they just made this crap up. Guess who benefits from this new law? The insurance companies. Now they can raise your rates without you even seeing the inside of a court room to prove or disprove whether or not you were impaired to begin with.

To sweeten the pot they have added a new twist to their .05 to .08 30 Day suspension. Now they can mandate someone who has had three of these non impaired non convicted suspensions to have an interlock system put into their car. No due process required. Guess who benefits from this.

If it sounds like I'm b!tching about nothing, then stop and think about what I am saying here. It isn't illegal to drive with a blood alcohol level of .06, but in Ontario they can impound your car and call your insurance company.

My anger over this is the fact that we are now allowing a provincial government to screw around with existing laws without Federal consultation. If they want the blood alcohol lowered to .05 they should lower it. Doesn't anyone else find this over the top.

Interesting. If I'm not mistaken, even a teetotaller can have a trace blood-alcohol level owing to metabolism.
 

Goober

Hall of Fame Member
Jan 23, 2009
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By the way, society has never excused or let slide the issue of true drunk driving in the real sense of driving drunk. I do not support this either.

There are a couple more issues I shall be introducing here in the near future. These will deal with further excesses. One thing for sure is that I do pride myself in having a realistic and in depth approach rather than sounding like a back woods redneck.

Really - Red neck you say. Rather hasty decision in my opinion. 3 posts- really - such a smart fella
Sun News : No jail time for drunk driver who killed parents of 5 kids
CALGARY -- The drunk driver who killed a Red Deer couple two years ago, leaving their five children orphaned, was granted full parole Wednesday.

And the release of Chad Mitchell Olsen after serving only
16 months in jail is again renewing calls by MADD Canada for stricter sentences.

Olsen was initially given a 27-month sentence last April for killing Brad and Krista Howe on Feb. 7, 2010, after he ran a red light and slammed his speeding truck into their car while he was intoxicated about three times the legal limit.

Last October, his sentence was hiked to 3 1/2 years by appeal judges, but at a hearing Wednesday he was granted full parole, with conditions that he must abstain from alcohol and participate in psychological counselling, said Gary Sears, Prairie region spokesman for the Parole Board of Canada.

Sun News : Calgary truck driver who killed 5 people granted day parole


QMI AGENCY

BOWDEN, AB — A cement truck driver who's been behind bars for three years after killing five people on a busy Calgary highway has been granted day parole.

He will be released into a halfway house and is eligible for overnight privileges that will allow him to stay with his family.

The decision was made by a Parole Board of Canada panel at Bowden Institution, about 100 km north of Calgary, Wednesday morning.

His application for full parole was denied.

It's been less than five years since Daniel Tschetter, 55, slammed his speeding cement truck into Chris Gautreau's car that was stopped at a red light.

The Dec. 7, 2007, collision killed Gautreau, his daughters -- Alexia, 9, and Kiarra, 6 -- his girlfriend Melaina Hovdebo, 33, and her 16-month-old son, Zachary Morrison.
 

Spade

Ace Poster
Nov 18, 2008
12,822
49
48
11
Aether Island
Until parking lots are prohibited from a 1 km radius of drinking establishments, drinking and driving will remain a problem. Pubs are the problem; they are an anachronism. Ban them.
 

ricknu

New Member
Nov 10, 2013
38
0
6
Really - Red neck you say. Rather hasty decision in my opinion. 3 posts- really - such a smart fella
Sun News : No jail time for drunk driver who killed parents of 5 kids
CALGARY -- The drunk driver who killed a Red Deer couple two years ago, leaving their five children orphaned, was granted full parole Wednesday.

And the release of Chad Mitchell Olsen after serving only
16 months in jail is again renewing calls by MADD Canada for stricter sentences.

Olsen was initially given a 27-month sentence last April for killing Brad and Krista Howe on Feb. 7, 2010, after he ran a red light and slammed his speeding truck into their car while he was intoxicated about three times the legal limit.

Last October, his sentence was hiked to 3 1/2 years by appeal judges, but at a hearing Wednesday he was granted full parole, with conditions that he must abstain from alcohol and participate in psychological counselling, said Gary Sears, Prairie region spokesman for the Parole Board of Canada.

Sun News : Calgary truck driver who killed 5 people granted day parole


QMI AGENCY

BOWDEN, AB — A cement truck driver who's been behind bars for three years after killing five people on a busy Calgary highway has been granted day parole.

He will be released into a halfway house and is eligible for overnight privileges that will allow him to stay with his family.

The decision was made by a Parole Board of Canada panel at Bowden Institution, about 100 km north of Calgary, Wednesday morning.

His application for full parole was denied.

It's been less than five years since Daniel Tschetter, 55, slammed his speeding cement truck into Chris Gautreau's car that was stopped at a red light.

The Dec. 7, 2007, collision killed Gautreau, his daughters -- Alexia, 9, and Kiarra, 6 -- his girlfriend Melaina Hovdebo, 33, and her 16-month-old son, Zachary Morrison.

First off what part of my posts are you not getting? My concerns are, first and foremost with excesses and a little more in the nature of initiatives to balance the negatives with some positive reinforcement.

Second the examples you are quoting do show sanctions against those drunk (and I mean drunk) drivers though perhaps not stiff enough for your taste. And just for the benefit of other readers here, Alberta has been known for its lack of stiffer penalties and is in the process of examining its legislation as BC has just done. And I just can't help but notice that you have trotted out examples with the worst optics. Now we wouldn't be trying to introduce emotion into the equation would we? No of course not. That might lead to excesses. My goal here is, if we are going to consider impaired driving and impose everything from a public pillory to life in jail, then we had damn well better make sure our legislation and practices don't turn into a witch hunt but are the epitome of fairness. Now can we leave the emotion out of this and use our heads? Cast a wide net and you are going to ensnare not just the guilty but those who are, with some encouragement, ready to close a negative chapter in their lives. Now let's try to continue this discussion with that in mind shall we?
 

Goober

Hall of Fame Member
Jan 23, 2009
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Moving
First off what part of my posts are you not getting? My concerns are, first and foremost with excesses and a little more in the nature of initiatives to balance the negatives with some positive reinforcement.

Second the examples you are quoting do show sanctions against those drunk (and I mean drunk) drivers though perhaps not stiff enough for your taste. And just for the benefit of other readers here, Alberta has been known for its lack of stiffer penalties and is in the process of examining its legislation as BC has just done. And I just can't help but notice that you have trotted out examples with the worst optics. Now we wouldn't be trying to introduce emotion into the equation would we? No of course not. That might lead to excesses. My goal here is, if we are going to consider impaired driving and impose everything from a public pillory to life in jail, then we had damn well better make sure our legislation and practices don't turn into a witch hunt but are the epitome of fairness. Now can we leave the emotion out of this and use our heads? Cast a wide net and you are going to ensnare not just the guilty but those who are, with some encouragement, ready to close a negative chapter in their lives. Now let's try to continue this discussion with that in mind shall we?

And how do your tastes run- And it is a Criminal Code offence- Yes please tell us how your taste runs when 5 are killed by a drunk driver.
Sun News : No jail time for drunk driver who killed parents of 5 kids
CALGARY -- The drunk driver who killed a Red Deer couple two years ago, leaving their five children orphaned, was granted full parole Wednesday.

And the release of Chad Mitchell Olsen after serving only
16 months in jail is again renewing calls by MADD Canada for stricter sentences.

Olsen was initially given a 27-month sentence last April for killing Brad and Krista Howe on Feb. 7, 2010, after he ran a red light and slammed his speeding truck into their car while he was intoxicated about three times the legal limit.

Last October, his sentence was hiked to 3 1/2 years by appeal judges, but at a hearing Wednesday he was granted full parole, with conditions that he must abstain from alcohol and participate in psychological counselling, said Gary Sears, Prairie region spokesman for the Parole Board of Canada.

Sun News : Calgary truck driver who killed 5 people granted day parole


QMI AGENCY

BOWDEN, AB — A cement truck driver who's been behind bars for three years after killing five people on a busy Calgary highway has been granted day parole.

He will be released into a halfway house and is eligible for overnight privileges that will allow him to stay with his family.

The decision was made by a Parole Board of Canada panel at Bowden Institution, about 100 km north of Calgary, Wednesday morning.

His application for full parole was denied.

It's been less than five years since Daniel Tschetter, 55, slammed his speeding cement truck into Chris Gautreau's car that was stopped at a red light.

The Dec. 7, 2007, collision killed Gautreau, his daughters -- Alexia, 9, and Kiarra, 6 -- his girlfriend Melaina Hovdebo, 33, and her 16-month-old son, Zachary Morrison.
 

ricknu

New Member
Nov 10, 2013
38
0
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Until parking lots are prohibited from a 1 km radius of drinking establishments, drinking and driving will remain a problem. Pubs are the problem; they are an anachronism. Ban them.

Rather than ban them as I am sure the neo-prohibitionists would like to see, why not consider educating our young as to the responsible way to handle either moderation or the use of alternate means of transportation. As an example, why not pass bylaws allowing for long term secure parking for patrons. It is positives like this which help others to make responsible choices. I would like to hear other ideas. I would bet there are others out there who have some great ones.
 

lone wolf

Grossly Underrated
Nov 25, 2006
32,493
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In the bush near Sudbury
Rather than ban them as I am sure the neo-prohibitionists would like to see, why not consider educating our young as to the responsible way to handle either moderation or the use of alternate means of transportation. As an example, why not pass bylaws allowing for long term secure parking for patrons. It is positives like this which help others to make responsible choices. I would like to hear other ideas. I would bet there are others out there who have some great ones.
Instruction keeps instructors working. A dedicated drunk/stoner is as good as any politician in jumping through hoops
 

ricknu

New Member
Nov 10, 2013
38
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And how do your tastes run- And it is a Criminal Code offence- Yes please tell us how your taste runs when 5 are killed by a drunk driver.
Sun News : No jail time for drunk driver who killed parents of 5 kids
CALGARY -- The drunk driver who killed a Red Deer couple two years ago, leaving their five children orphaned, was granted full parole Wednesday.

And the release of Chad Mitchell Olsen after serving only
16 months in jail is again renewing calls by MADD Canada for stricter sentences.

Olsen was initially given a 27-month sentence last April for killing Brad and Krista Howe on Feb. 7, 2010, after he ran a red light and slammed his speeding truck into their car while he was intoxicated about three times the legal limit.

Last October, his sentence was hiked to 3 1/2 years by appeal judges, but at a hearing Wednesday he was granted full parole, with conditions that he must abstain from alcohol and participate in psychological counselling, said Gary Sears, Prairie region spokesman for the Parole Board of Canada.

Sun News : Calgary truck driver who killed 5 people granted day parole


QMI AGENCY

BOWDEN, AB — A cement truck driver who's been behind bars for three years after killing five people on a busy Calgary highway has been granted day parole.

He will be released into a halfway house and is eligible for overnight privileges that will allow him to stay with his family.

The decision was made by a Parole Board of Canada panel at Bowden Institution, about 100 km north of Calgary, Wednesday morning.

His application for full parole was denied.

It's been less than five years since Daniel Tschetter, 55, slammed his speeding cement truck into Chris Gautreau's car that was stopped at a red light.

The Dec. 7, 2007, collision killed Gautreau, his daughters -- Alexia, 9, and Kiarra, 6 -- his girlfriend Melaina Hovdebo, 33, and her 16-month-old son, Zachary Morrison.
And how do your tastes run- And it is a Criminal Code offence- Yes please tell us how your taste runs when 5 are killed by a drunk driver.

Still fixated on this are we? I'm don't think I'm getting through to you. I realize that for you, 3 years in a penitentiary is a sentence which is not as severe as you would like. Fair enough. I would suppose that legislators try to gauge public opinion and bow to a great extent to pressure from special interest groups. And so it goes. I have already expressed that I completely disapprove of those who are driving totally disoriented from the abuse of alcohol. And I trust that legislators will arrive at a fair and appropriate penalty perhaps one which reflects the views of the majority of society. My concerns are about excesses, excesses. God bless you!!!!
 

Liberalman

Senate Member
Mar 18, 2007
5,623
36
48
Toronto
Raising the insurance rates for people who get caught driving while impaired is a good way to save more people.



The government should go one step further and fine the makers and the distributors of these toxic drinks since it’s their products that are causing the death and major injuries of the citizens of Ontario.


 

ricknu

New Member
Nov 10, 2013
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Raising the insurance rates for people who get caught driving while impaired is a good way to save more people.



The government should go one step further and fine the makers and the distributors of these toxic drinks since it’s their products that are causing the death and major injuries of the citizens of Ontario.


Raising the insurance rates for people who get caught driving while impaired is a good way to save more people.
The government should go one step further and fine the makers and the distributors of these toxic drinks since it’s their products that are causing the death and major injuries of the citizens of Ontario.

Insurance rates are raised for those convicted of dui - and a considerable amount at that. You don't really think the insurance companies would have missed that one do you?

To be completely fair I do not believe that the word toxic quite accurately describes beverages which contain ethyl alcohol. There are forms of alcohol, though which may be labelled toxic. These are not available for consumption but used in other ways. However, that said, when this ethanol is consumed to an excessive degree where the body cannot safely metabolize it within an appropriate time frame, then the effects can be harmful. But then again misuse of many substances consumed orally can be harmful - trans fats for example. Perhaps it would be helpful to keep things in proper perspective where this issue is involved. It certainly would be more useful in approaching this topic with a greater sense of balance.

 

Goober

Hall of Fame Member
Jan 23, 2009
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Still fixated on this are we? I'm don't think I'm getting through to you. I realize that for you, 3 years in a penitentiary is a sentence which is not as severe as you would like. Fair enough. I would suppose that legislators try to gauge public opinion and bow to a great extent to pressure from special interest groups. And so it goes. I have already expressed that I completely disapprove of those who are driving totally disoriented from the abuse of alcohol. And I trust that legislators will arrive at a fair and appropriate penalty perhaps one which reflects the views of the majority of society. My concerns are about excesses, excesses. God bless you!!!!

What sentence is reasonable for 5 deaths? Or are you just playing ring around the rosie.
 

gerryh

Time Out
Nov 21, 2004
25,756
295
83
Going from memory on this.
Different laws for murder- manslaughter and such
Life- 10 years before parole eligibility all the way up to 25 years before parole eligibility.


As far as I am concerned, it is at least 2nd degree, not manslaughter. They chose to get drunk and then drive. That's premeditated.
 

Goober

Hall of Fame Member
Jan 23, 2009
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As far as I am concerned, it is at least 2nd degree, not manslaughter. They chose to get drunk and then drive. That's premeditated.
True they make the decision to drink- Myself- I set a limit- If I have 2 drinks- I take a taxi -
 

ricknu

New Member
Nov 10, 2013
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What sentence is reasonable for 5 deaths? Or are you just playing ring around the rosie.

Once again and for the last time, this is a case of someone who has actually driven drunk and caused fatalities. This is not the kind of issue which can become the focus of a productive discussion. There is no ambiguity here. This fellow drove drunk and caused deaths. He is to suffer the consequences. To determine what consequences are appropriate is a judgement call for legislators. It is plain and simple, cut and dried. I am sure that this kind of thing can logically fit into the parameters of some part of the criminal code. In terms of what would be appropriate in the eyes of the public often promotes strong emotion or wild fluctuations of opinion. The issues involved are often, in terms of the legalese employed by the legal community, very complex and beyond the ken of many in society. For the life of me I can't possibly imagine where Ring-Around-The-Rosie comes into it.
But that does not mean that we cannot question policies and practices which in practical terms deserve close scrutiny and which can be easily shown to exhibit either extraneous excesses or outright error. It is when I find these I feel it necessary to speak out. I will also at times couch these within a moral context. I can't put it any plainer. Read some posts here on the subject. I'm sure you will get the idea. Now move on if you please...............
 

grumpydigger

Electoral Member
Mar 4, 2009
566
1
18
Kelowna BC
Are people impaired at the .05 civil limit in BC??????????The cops can by pass the TRUE breathalyzer and the court system using a road side screening devise not accurate enough to convict in a criminal .08 charge... convict at the road side and the person has NO real recourse to protect themselves.. Now the nonthinking MADD fanatics cheer thinking they are saving lives.....But the TRUE drunk driver is laughing because most will drive without a license and care less about the rules and laws
 

relic

Council Member
Nov 29, 2009
1,408
3
38
Nova Scotia
It would be great if the government or the insurance companys actually gave a s hit, just votes and caching for them.
 

ricknu

New Member
Nov 10, 2013
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0
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Are people impaired at the .05 civil limit in BC??????????The cops can by pass the TRUE breathalyzer and the court system using a road side screening devise not accurate enough to convict in a criminal .08 charge... convict at the road side and the person has NO real recourse to protect themselves.. Now the nonthinking MADD fanatics cheer thinking they are saving lives.....But the TRUE drunk driver is laughing because most will drive without a license and care less about the rules and laws

Amen brother! Where penalties and practices are so severe today there is no room for error or a loose approach to defining and assessing true impairment, and, there is absolutely no excuse to lump the person who is a hardcore drinker with the borderline overindulger. I say borderline as with some positive reinforcement or perhaps other reasons this one might be encouraged to close that chapter in his/ her life.

Note the following:

Now it is a fact that in some cases individuals may have a relapse or two before developing and sticking to the resolve to divorce oneself from the negative effects of overindulging. It is the practice of councilors and/or counseling documentation to encourage the individual in a crisis situation (irrespective of the degree of indulgence) to visit a hospital as the first step when seeking immediate relief. For some individuals this is a wake up call and they finally develop the resolve to leave the situation behind them. The reasons can be anything from potential medical issues to quality of life. They visit the hospital, leave with a solid resolve to quit, and never look back.
However, unknown to the individual the hospital will contact the Ministry of Transport with details they will not disclose to the patient concerning visits. The crux of it is the diagnosis of alcohol dependency. The patient may be informed by the hospital that driving privileges are immediately suspended for four days. To help the patient on the path, a limited amount of diazapam is provided to help with the initial withdrawal symptoms covering the first few days which are the most critical. A blood sample may be taken. The patient leaves and begins the road to recovery appreciative of the support and ready to decide either whether further intervention in rehab may be best or, finally filled with the resolve and encouragement the individual commits on his/her own, totally, to abandoning the overindulgence of alcohol.

What happens next comes straight out of the blue. Documentation arrives from the ministry suspending (Administrative Suspension) one's drivers license for anywhere from a month to up to one year. Understand that the individual was not caught and charged with a DWI or DUI. The individual even went to hospital then home by taxi. There is not even a charge of Care and Control. But what is the worst transgression is that no brochure is given to the individual outlining the policies and procedures associated with the visit. In other areas of society where a person goes to seek help where legal implications may be involved this is the practice. This allows all prospective patients to have input where their treatment is concerned. It would seem that driving is defined as a privilege when convenient also subject to law under this privilege. Where are the rights of the individual?



To mitigate this situation one is advised to take action acceptable to the ministry. For example, enrolling in a rehabilitation program. In addition, forms (questionnaire, blood sample results) are also provided for a visit to a physician. This is not covered by OHIP and will cost in the neighbourhood of $130.00 to be paid out of pocket by the individual. The individual is required to surrender the driver's license to a Service Ontario office. Once the individual has approached a physician within a time frame to satisfy the terms of the ministry forms provided, the forms may be faxed to the Ministry number provided. Processing takes a further 30 days to six weeks after which the individual may get drivers privileges reinstated. This is the shortest possible route and time frame.

The conclusion is, for this author, based on the above, inescapable. The congregate effect would seem to be one of harassment despite the feeble excuses offered by the authors. The patient has commitment, resolve and has committed no infraction yet is committed to unjustified and distressing punishment as opposed to positive strategies of encouragement.



So what is the lesson here?: If it is your resolve after an attempt or two to finally leave the overindulgence of alcohol and you can do this on your own with the aid of perhaps, for example, over the counter medication, to help you along, Then DO NOT GO TO EMERGENCY AT THE HOSPITAL OR TO ANY REGISTERED CARE PROVIDER SUBJECT TO THESE REPORTING GUIDELINES despite any advice to the contrary. Make appeal to family or friends. Take any positive reinforcement or aid from sources you can trust to be helpful and encouraging. If you absolutely must, then go to a professional. But at least you will be doing this with your eyes wide open. Personally this author finds such practices by the Ministry reprehensible and perfectly in keeping with the comments above. Your call............


Several individuals who have had this stunt pulled on them report being in shock when this happened to them. I believe the frequently used term is "freaking out!" Again, in cases such as this, patients should be advised of all possible aspects or consequences of treatment before it begins. Perhaps in a brochure at triage. As I say, I suspect that when word of this gets around, the borderline cases will begin to avoid treatment. This kind if "dirty pool" is completely reprehensible and does nothing more than breed contempt for those policy makers responsible.