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

PoliticalNick

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Mar 8, 2011
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That's the natural order of things, don't matter whether you get plumber, doctor, lawyer, upholsterer, mechanic..............it's all the luck of the draw, but at least with impaired driving YOU have the ultimate control by not drinking.

I rarely drink and never drink and drive. I have a class 1 license and cannot afford to lose it even for a day. The point is that those enforcing the law should also have to follow the law and not bypass our constitutional right to due process.
 

JLM

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Nov 27, 2008
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I rarely drink and never drink and drive. I have a class 1 license and cannot afford to lose it even for a day. The point is that those enforcing the law should also have to follow the law and not bypass our constitutional right to due process.

To the best of my knowledge they are just following the new laws in B.C. In setting 0.05, B.C. is in no way interfering with the Fed. law of 0.08.
 

PoliticalNick

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Mar 8, 2011
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To the best of my knowledge they are just following the new laws in B.C. In setting 0.05, B.C. is in no way interfering with the Fed. law of 0.08.

It's not the level that is the problem. It's the arbitrary punishment without due process. If you are between .05 and .08 you get a fine and suspension and there is no recourse in the courts.
 

PoliticalNick

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Mar 8, 2011
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I thought that was being changed.

That's the funniest part of this. The immediate penalties for being over .08 are deemed unconstitutional but the immediate penalties for being under are not. I'm not sure how that can not be an infringement of the charter.
 

Retired_Can_Soldier

The End of the Dog is Coming!
Mar 19, 2006
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Fail the dance in SK and you get a 24hr roadside whether you were drinking, getting high, on cough syrup or simply tired. Impaired is impaired is impaired.

Besides the roadside suspension what is the criminal charge that is laid? Are there fines?
 

petros

The Central Scrutinizer
Nov 21, 2008
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It's not the level that is the problem. It's the arbitrary punishment without due process. If you are between .05 and .08 you get a fine and suspension and there is no recourse in the courts.

Can you get a speeding ticket without due process and based on professional opinion? They don't need to clock you to give you a speeding ticket, seize your vehicle or arrest you for dangerous driving.
 

PoliticalNick

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Mar 8, 2011
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Can you get a speeding ticket without due process and based on professional opinion? They don't need to clock you to give you a speeding ticket, seize your vehicle or arrest you for dangerous driving.

They can write you all the tickets they want and you get due process. The fines/points are not applied until after you have a chance for a day in court. As far as I know they can only tow or impound a vehicle if there is a problem with the insurance, registration or your license.
 

Retired_Can_Soldier

The End of the Dog is Coming!
Mar 19, 2006
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They can write you all the tickets they want and you get due process. The fines/points are not applied until after you have a chance for a day in court. As far as I know they can only tow or impound a vehicle if there is a problem with the insurance, registration or your license.

Well not exactly. At least in Ontario, they can seize your vehicle for stunt driving.
 

Cannuck

Time Out
Feb 2, 2006
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A factor or a contributing factor? Be careful not to confuse yourself because they are the samething.

I'm not confused. People that spout statistics about the alcohol and accidents are confused. In the same vein, speed is cited as a factor in many (if not most) accidents. Given that 80 - 90% of drivers drive above the posted speed limit, that really isn't a surprising stat.

Car Bibles: Fact vs. Fiction about speeding

Speed is the big bogeyman simply because it is a cash generator. It's easy to write tickets and of course, the insurance companies throw fuel on the fire by trotting out stats. And why wouldn't they? With more tickets written, it gives them an excuse to bump up premiums. I have yet to find a place where radar and photo radar have led to fewer accidents. All they really have accomplished has been to create a speed tax for municipalities, enrich the insurance companies and to give some folks the warm and fuzzies because they actually believe they are making the roads safer.
 

JLM

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Nov 27, 2008
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That's the funniest part of this. The immediate penalties for being over .08 are deemed unconstitutional but the immediate penalties for being under are not. I'm not sure how that can not be an infringement of the charter.

Don't quote me but I don't think you can be convicted of a Fed. law without due process. With the provincial law I think you can still demand due process but probably in most cases (except where you've had NOTHING to drink) it might not be in your best interest as if you are found guilty the judge can throw the book at you, who knows that the maximum is? Maybe 6 months in Jail for a D.U.I.
 

petros

The Central Scrutinizer
Nov 21, 2008
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They can write you all the tickets they want and you get due process. The fines/points are not applied until after you have a chance for a day in court. As far as I know they can only tow or impound a vehicle if there is a problem with the insurance, registration or your license.
Noooooope! On the spot seizure, summary conviction charges and released only if the Crown figures you're not a threat. You can be held in custody until your day in court.
 

JLM

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Nov 27, 2008
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Drunk driving deaths invariably involve those that are significantly over the legal limit. Too many people buy into the statistics without considering how they are arrived at. There is a reason the term "alcohol is a factor" is used and not "alcohol was the cause"

BULLSH*T Deaths occur at every level of the spectrum from 0.00 to 0.50.

I'm not confused. People that spout statistics about the alcohol and accidents are confused. In the same vein, speed is cited as a factor in many (if not most) accidents. Given that 80 - 90% of drivers drive above the posted speed limit, that really isn't a surprising stat.

Car Bibles: Fact vs. Fiction about speeding

Speed is the big bogeyman simply because it is a cash generator. It's easy to write tickets and of course, the insurance companies throw fuel on the fire by trotting out stats. And why wouldn't they? With more tickets written, it gives them an excuse to bump up premiums. I have yet to find a place where radar and photo radar have led to fewer accidents. All they really have accomplished has been to create a speed tax for municipalities, enrich the insurance companies and to give some folks the warm and fuzzies because they actually believe they are making the roads safer.

Check out the difference in damage and mayhem between an accident at 80 Kmh and 100 kmh. The figures will startle you. :lol:
 

JLM

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Nov 27, 2008
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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?

Are you a little dopey this morning? Your head still in the fog? I'll try explaining it to you in simple English. Impaired driving IS THE CRIME, B.A.C. is the "yardstick".
 

Cannuck

Time Out
Feb 2, 2006
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Check out the difference in damage and mayhem between an accident at 80 Kmh and 100 kmh. The figures will startle you. :lol:

Been there done that. As a firefighter, I've attended more highway accidents than I care to count.
 

Cannuck

Time Out
Feb 2, 2006
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Are you a little dopey this morning? Your head still in the fog? I'll try explaining it to you in simple English. Impaired driving IS THE CRIME, B.A.C. is the "yardstick".

You are wrong. You do not need a BAC at all in order to be charged with impaired driving