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

[JLM]

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?

Yep, blowing doesn't detect drug use.

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?

Ohhhhhhhhhhhhhhh? You don't feel the breathalyzer is accurate? :smile:

 

[petros]

Yep, blowing doesn't detect drug use.



Ohhhhhhhhhhhhhhh? You don't feel the breathalyzer is accurate? :smile:

Swabs and blood tests detect drug use.

Breathalyzers aren't perfect. That's why they do a blood test at the cop shop after you've blown beyond .08. For accuracy.

 

[Cannuck]

Ohhhhhhhhhhhhhhh? You don't feel the breathalyzer is accurate? :smile:

The breathalyzer measures BAC, not impairment. Do you believe that everybody has the same level of impairment given the same BAC?

 

[petros]

In the Criminal Code impairment is line 1. Line 2 is BAC over .08. Same charge.

253. Every one commits an offence who operates a motor vehicle or vessel or operates or assists in the operation of an aircraft or of railway equipment or has the care or control of a motor vehicle, vessel, aircraft or railway equipment, whether it is in motion or not,

(a) while the person's ability to operate the vehicle, vessel, aircraft or railway equipment is impaired by alcohol or a drug; or

(b) having consumed alcohol in such a quantity that the concentration in the person's blood exceeds eighty milligrams of alcohol in one hundred millilitres of blood.​

 

[JLM]

The breathalyzer measures BAC, not impairment. Do you believe that everybody has the same level of impairment given the same BAC?

Nope, Level is not as important as impairment.

 

[Cannuck]

Breathalyzers aren't perfect. That's why they do a blood test at the cop shop after you've blown beyond .08. For accuracy.

Road side breath samples won't hold up in court. If you fail, you are either charged with impaired driving or taken to have a real one done. Around here, there are very few instances where a driver is taken in as the cop shop is over 45 minutes away.

 

[JLM]

In the Criminal Code impairment is line 1. Line 2 is BAC over .08. Same charge.

253. Every one commits an offence who operates a motor vehicle or vessel or operates or assists in the operation of an aircraft or of railway equipment or has the care or control of a motor vehicle, vessel, aircraft or railway equipment, whether it is in motion or not,​

(a) while the person's ability to operate the vehicle, vessel, aircraft or railway equipment is impaired by alcohol or a drug; or​

(b) having consumed alcohol in such a quantity that the concentration in the person's blood exceeds eighty milligrams of alcohol in one hundred millilitres of blood.​

It's 0.05 in B.C. now.

Road side breath samples won't hold up in court. If you fail, you are either charged with impaired driving or taken to have a real one done. Around here, there are very few instances where a driver is taken in as the cop shop is over 45 minutes away.

Try it in B.C. and see what happens. :lol:

 

[petros]

Road side breath samples won't hold up in court. If you fail, you are either charged with impaired driving or taken to have a real one done. Around here, there are very few instances where a driver is taken in as the cop shop is over 45 minutes away.

45 minutes? Where do you live? Sub-orbit?

 

[Cannuck]

Nope, Level is not as important as impairment.

... and yet that is the yardstick you keep referring to. I honestly believe that those that focus on BAC instead of level of impairment are generally scared about their own abilities. Could it be that the road side impairment test scares you because of your advanced age and declining reaction speeds. Getting the cops to focus on BAC instead of reflexes buys you some time perhaps?

 

[petros]

It's 0.05 in B.C. now.

0.04 in SK for a few years already.

 

[JLM]

0.04 in SK for a few years already.

That's getting close to where it should be! :lol:

 

[Cannuck]

45 minutes? Where do you live? Sub-orbit?

SE Alberta. The nearest (in fact the only) breathalyser between Brooks and the Sask border, the US and Empress is in Redcliff.

 

[JLM]

... and yet that is the yardstick you keep referring to. I honestly believe that those that focus on BAC instead of level of impairment are generally scared about their own abilities. Could it be that the road side impairment test scares you because of your advanced age and declining reaction speeds. Getting the cops to focus on BAC instead of reflexes buys you some time perhaps?

Reflexes are just one aspect, concentration and anticipation are others.

 

[TenPenny]

It's 0.05 in B.C. now.

The Criminal Code is a federal law, it's .08

What BC does is not part of the Criminal Code, it's part of Provincial laws.

 

[petros]

SE Alberta. The nearest (in fact the only) breathalyser between Brooks and the Sask border, the US and Empress is in Redcliff.

You're living in the desert. No wonder. It may as well be sub-orbit.

 

[Cannuck]

Reflexes are just one aspect, concentration and anticipation are others.

Judging by this forum, you're not that great at those either. Is that why you don't seem to be bothered by level of impairment and instead want to fixate on BAC?

 

[JLM]

The Criminal Code is a federal law, it's .08

What BC does is not part of the Criminal Code, it's part of Provincial laws.

The criminal code sets minimum standards, the provinces can vary so long as they don't exceed the criminal code! :smile:

 

[petros]

Judging by this forum, you're not that great at those either. Is that why you don't seem to be bothered by level of impairment and instead want to fixate on BAC?

A sleepy drinker with a BAC of .04 is more dangerous than a wide awake one at .04

 

[JLM]

Judging by this forum, you're not that great at those either. Is that why you don't seem to be bothered by level of impairment and instead want to fixate on BAC?

When laws are established hopefully they go with the L.C.D. I know some people think there should be special laws just for them.

 

[Cannuck]

A sleepy drinker with a BAC of .04 is more dangerous than a wide awake one at .04

Not to some. They believe that the sleepy driver should be sent on his way and the wide awake driver should be thrown in jail. Then they try and claim it is a road safety issue....go figure.