Alberta passes .05% law that was just declared unconstitutional in BC

Cannuck

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I think long haul drivers pulling 120,000 lbs are a bit more of a risk than some guy driving a mile home from work.

It depends on their level of impairment, but according to our politicians and their supporters (people like you), the guy driving a mile home from work is much more of a risk if he has had a couple of beers. That's why the politicians and their supporters (people like you) focus more on him than the trucker who hasn't had the proper amount of sleep.
 
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PoliticalNick

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Mar 8, 2011
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Oh, I wasn't aware of that, how would you prosecute a person who is "most likely" as impaired as a person impaired by alcohol? Could you send me the section of the criminal code?

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One small glass with dinner I'd say no, especially if drank before you eat, time will probably take care of it. As for driving at 0.08 or lower being safe don't kid yourself. Years ago I read an article somewhere that said they were just as dangerous if not more so than the ones who were higher because the ones who are really pissed are quite often taking extra precautions. Your loss of ability to concentrate starts at 0.03.

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Can you send me the section of the criminal code that says the legal limit is .05 or the section that allows for fines and suspensions without due process of law?
 

Goober

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Can you send me the section of the criminal code that says the legal limit is .05 or the section that allows for fines and suspensions without due process of law?

The AB law falls under the Highway Traffic Act - A Provincial area. Much the same as in Ontario where cars can be seized on the spot and sold when used on public roads for racing - or excessive speeds. They are held till a conviction or the owner /driver found not guilty.
 

JLM

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Can you send me the section of the criminal code that says the legal limit is .05 or the section that allows for fines and suspensions without due process of law?

They can enact laws to make them anything they like...............I think. Legal limit for D.U.I. in my mind should be 0.03 as that is the level where impairment to concentration starts. Actually there are more accidents at lower impairment levels for reasons, more people driving at the lower levels and people who are really pissed know they are pissed and compensate. Unfortunately driving at 20 kmh in an 80 zone attracts the cops. :lol:
 

TenPenny

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The AB law falls under the Highway Traffic Act - A Provincial area. Much the same as in Ontario where cars can be seized on the spot and sold when used on public roads for racing - or excessive speeds. They are held till a conviction or the owner /driver found not guilty.

And you realize that those laws in Ontario have been ruled to be unconstitutional, since they allow seizure/fortfeiture of property without a court hearing, I hope.
 

gerryh

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They can enact laws to make them anything they like...............I think. Legal limit for D.U.I. in my mind should be 0.03 as that is the level where impairment to concentration starts. Actually there are more accidents at lower impairment levels for reasons, more people driving at the lower levels and people who are really pissed know they are pissed and compensate. Unfortunately driving at 20 kmh in an 80 zone attracts the cops. :lol:


A link to stats supporting what you are stating please.
 

Goober

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A link to stats supporting what you are stating please.

Impaired Driving - Why You Should Never Drink and Drive

In all 50 states, the legal limit for drunk driving is a blood alcohol concentration (BAC) level of .08. A 120-pound woman can reach a .08 BAC level after only two drinks and a 180-pound man can be at .08 after only four drinks.
A "drink" is either one shot of liquor, a five-ounce glass of wine or one beer, all of which contain the same amount of alcohol.

At a .08 BAC level, drivers are so impaired that they are 11 times more likely to have a single-vehicle crash than drivers with no alcohol in their system. But 25 years of research has shown that some impairment begins for both males and females even after one drink.



.02 BAC Level
At the .02 blood alcohol concentration level, experiments have demostrated that people exhibit some loss of judgment, begin to relax and feel good. But tests have also shown that drivers at the .02 level experience a decline in visual functions, affecting their ability to track a moving object, and experience a decline in the ability to perform two tasks at the same time.
These changes may be very subtle and barely noticable to the person who has had only one drink, but in an emergency situation while behind the wheel of a vehicle, they could cause the driver to react (or not react) as they would without having had a drink.



.05 BAC Level
At the .05 BAC level, people begin to exhibit exaggerated behavior, experience loss of small-muscle control -- such as being able to focus their eyes quickly -- have impaired judgment, lowered alertness and a release of inhibition.
If someone with a BAC level of .05 gets behind the wheel, they would be operating the vehicle with reduce coordination, a futher deminished ability to track moving objects, more difficulty in steering and a markedly reduced response in emergency situations.



.08 BAC Level
When someone drinking is approaching the borderline of legal intoxication, studies show that he or she has poor muscle coordination -- affecting their balance, speech, vision, reaction time and hearing -- find it more difficult to detect danger, and exhibit impaired judgement, self-control, reasoning ability and memory.
A driver with a BAC of .08 will find it more difficult to concentrate, judge the speed of the vehicle, experience reduced information processing capability and exhibit impaired perception.



Slower Reaction Time
For the person who is drinking, the above impairments may be hardly noticeable at the time, but the slow reaction times that they can produce could prove fatal in a emergency driving situation. That's why it is not a good idea to drive no matter how much or how little that you have had to drink.
There is another consideration: Alcohol affects people differently. Some people have a higher response to drinking alcohol than others. In other words, people with a high response to alcohol can experience signs of impairment at the .02 BAC level that others do not experience until the .05 level.



The Safe Limit
For this reason, in some states drivers can be arrested for driving while impaired even if their blood alcohol concentration is lower than the legal limit, if the law enforcement officer believes he has probable cause based on the behavior and reactions of the driver.
It's simply not a wise choice to get behind the wheel no matter how much you have had to drink. The only safe driving limit is .00 percent.
ALCOHOL IMPAIRS SPEED OF INFORMATION PROCESSING AND SIMPLE AND CHOICE REACTION TIME AND DIFFERENTIALLY IMPAIRS HIGHER-ORDER COGNITIVE ABILITIES
 

shadowshiv

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I'm am allfor getting intoxicated individuals out from being behind the steering wheel. Having said that, I really don't understand why anyone would think tinkering with the limits of blood alcohol levels is going to do the trick. Even if it was made absolute zero, there would still be a certain segment of the population that would do it anyway. No matter how hard you try, you can never legislate away criminal behaviour. People are going to do what they are going to do.

Zero tolerance on the other hand is a different story. Use the laws as they are currently on the books and increase the consequences for breaking those laws. It is the consequences and not the laws themselves that act as a deterent.

Excellent post. Give them jail sentences with meat on them, especially if they kill someone while intoxicated. While dire consequences won't necessarily stop certain people from drinking and driving, it will at least give some solace to the victims or the families of the victims that were hurt/killed because of a drunk driver.
 

Goober

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Excellent post. Give them jail sentences with meat on them, especially if they kill someone while intoxicated. While dire consequences won't necessarily stop certain people from drinking and driving, it will at least give some solace to the victims or the families of the victims that were hurt/killed because of a drunk driver.

PEI has the highest rate of Jail time for DD- over 90 % and highest average fine 1200 first offence.
 

JLM

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Are you suggesting we shouldn't? Since you claim you want safer roads and and since you believe prosecution to be part of the solution and since studies indicate that sleep deprivation cause similar impairment, why would you argue against it?

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I wouldn't argue against it! Before I got overly gung ho about pursuing the matter, first I would compile all the reported accidents and find out how many involved shift workers driving home from work and the severity of such accident along with other factors (like having 6 beers on the way home from work) If the number were unfavourable, perhaps an advertising campaign for a few months might be in order. If there was no improvement after that then you might consider enacting legislation but before doing that you would have to have a reliable measuring device in place (you know the public outcry about the breathlyser, so you would need something foolproof) Lots of work to be done, Cannuck, before your willy nilly scheme of charging overtired workers is going to "fly".
 

Goober

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I wouldn't argue against it! Before I got overly gung ho about pursuing the matter, first I would compile all the reported accidents and find out how many involved shift workers driving home from work and the severity of such accident along with other factors (like having 6 beers on the way home from work) If the number were unfavourable, perhaps an advertising campaign for a few months might be in order. If there was no improvement after that then you might consider enacting legislation but before doing that you would have to have a reliable measuring device in place (you know the public outcry about the breathlyser, so you would need something foolproof) Lots of work to be done, Cannuck, before your willy nilly scheme of charging overtired workers is going to "fly".

Sleep deprivation is comparable to impaired by alcohol. All the studies show the commonalities of this. Many long haul truckers are ones that run 2 log books due to meeting their companies delivery schedules.

It is one area the Govt will not get involved due to the 7 -24 hour society we live in. Many European companies have strict rules for long haul truckers - yet in Canada we refuse to implement them. Why - Political pressure - the same that the Bar - Restaurant industry directed towards the BC Govt who almost rescinded their new Impaired Law - It was nip and tuck.

Circadian rhythm - Wikipedia, the free encyclopedia

Circadian Rhythms Fact Sheet - National Institute of General Medical Sciences
 

JLM

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Sleep deprivation is comparable to impaired by alcohol. All the studies show the commonalities of this. Many long haul truckers are ones that run 2 log books due to meeting their companies delivery schedules.

It is one area the Govt will not get involved due to the 7 -24 hour society we live in. Many European companies have strict rules for long haul truckers - yet in Canada we refuse to implement them. Why - Political pressure - the same that the Bar - Restaurant industry directed towards the BC Govt who almost rescinded their new Impaired Law - It was nip and tuck.

Circadian rhythm - Wikipedia, the free encyclopedia

Circadian Rhythms Fact Sheet - National Institute of General Medical Sciences

I don't doubt that at all, Goober, what I have a problem with is how you measure it, so you can make a charge stick, especially if there has been no accident. :smile:
 

Goober

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I don't doubt that at all, Goober, what I have a problem with is how you measure it, so you can make a charge stick, especially if there has been no accident. :smile:

Well with truckers - computers to monitor their hours and yes speed as well. Euro trucks have them. Fine heavily the company, not the driver - start at around 25-50 to 100 K for the company where the driver was over his/her hour for a first offense where an accident occurs - Fatality - Charge the Company Owners, the dispatcher - Fine - 1 million - Jail time for them if the driver convicted. \they all work on emails - easy to prove direction from dispatchers etc.

Repeats - Up the fines. presently the driver is fined.
There are many legal ways to rectify this particular problem.
 

JLM

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Well with truckers - computers to monitor their hours and yes speed as well. Euro trucks have them. Fine heavily the company, not the driver - start at around 25-50 to 100 K for the company where the driver was over his/her hour for a first offense where an accident occurs - Fatality - Charge the Company Owners, the dispatcher - Fine - 1 million - Jail time for them if the driver convicted. \they all work on emails - easy to prove direction from dispatchers etc.

Repeats - Up the fines. presently the driver is fined.
There are many legal ways to rectify this particular problem.

That might work OK for truckers. I was under the impression Cannuck was speaking more along the lines of a guy driving home from his job at 7/11 after working the graveyard shift. I guess we need some clarification! :smile:
 

Cannuck

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Lots of work to be done, Cannuck, before your willy nilly scheme of charging overtired workers is going to "fly".

I have no scheme. I'm not the one wanting to use our resources where they probably won't do much good. Since the effects of sleep deprivation are the same as alcohol consumption, I'm just wondering if you are willing to be logically consistent and go after all impaired drivers.
 

JLM

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I have no scheme. I'm not the one wanting to use our resources where they probably won't do much good. Since the effects of sleep deprivation are the same as alcohol consumption, I'm just wondering if you are willing to be logically consistent and go after all impaired drivers.

Absolutely......................when there are reliable tests in place to ensure a conviction.
 

Cannuck

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Absolutely......................when there are reliable tests in place to ensure a conviction.

There currently are no "reliable" tests (in your mind) for impairment via alcohol and yet the police still manage to lay that charge and the courts still get convictions. You are aware that impaired driving and blowing over the limit are different charges don't you?