Driving While Exceeding 80 M G example essay topic

Drinking and Driving Offenses My essay is on 'Drinking and Driving Offences'. In my essay y I will tell you the various kinds of drinking and driving offences, the penalties, and the defences you can make if you are caught drinking and drive ng. Let me tell you about the different offences. There are si x offences in drinking and driving.

They are 'driving while impaired', 'Have ng care and control of a vehicle while impaired', 'Driving while exceeding 80 m. g. ', 'Having care and control of a vehicle while exceeding 80 m. g. ', 'R e fusing to give a breath sample', and 'refusing to submit to a roadside sc re en test. These are all Criminal Code Offences.

Now lets talk about the penalties of drinking and driving. The sentence for " refusing to give a breath sample' is usually higher than either of the " exceeding 80 m. g. ' offences. Consequently it is us u ally easier in the long run for you to give a breath sample if asked. If, for example you are convicted of " Refusing a to give a breath sample' f or the first time, but was earlier convicted of 'Driving while impaired', your conviction for 'Refusing' will count as a second conviction, not a first, and will receive the stiffer penalty for second offences.

For the first offence here is the penalty and the defences you can make. Driving vehicle while your ability to drive is impaired by alcohol or drugs is one of the offences. Evidence of your condition can be used to convict you. This can include evidence of your general conduct, speech, ability to walk a straight line or pick up objects. The penalty o f the first offences is a fine of $50.00 to $2000.00 and / or imprisonment of up to six months, and automatic suspension of licence for 3 months. The second offence penalty is imprisonment for 14 days to 1 year and automat i c sus pen-sion of licence for 6 months.

The third offence penalty is for 3 months to 2 years (or more) and automatic suspension of lice nce for six months. These penalties are the same for the following off enc es. ' Having Care and Control of a Motor Vehicle while Impaired' is another offence. Having care and control of a vehicle does not require that you are driving it.

Occupying the driver's seat, even if you did not have the keys, is sufficient. Walking towards the car with the keys could be sufi-cent. Some defences are you were not impaired, or you did not have e care and control because you were not in the driver's seat, did not have th e keys, etc. It is not a defence that you registered below 80 m. g. on the breath-ayer test. Having care and control depends on all circumstances.

' Driving While Exceeding 80 m. g. is the next offence. Driving a vehicle, having consumed alcohol in such a quantity that the prop o rti on of alcohol in your blood exceeds 80 milligrams of alcohol in 100 mi of blood. Some defences are the test was administered improperly, or the breathalyzer machine was not functioning properly. ' Having Care and control of a Motor Vehicle while Exceeding g 80 m. g. ' is the next offence I will talk about. This offence means having care and control of a vehicle whether it is in motion or not, having cons um ed alcohol in such a quantity that the proportion of alcohol in your blood ex creeds 80 milligrams of alcohol in 100 of blood. The defences are the test was administered improperly, or the breathalyzer machine was not f unction ing properly.

To defend against breathalyzer evidence you must under's t and how the test should be administered. The proper procedure for a break test is as follows. Warming up the machine until the thermometer registers 50 degrees centigrade. This should take at least 10 minutes.

The machine should then be turned to zero (by using the 'adjust zero control') and a comparison ampoule l (of normal air) inserted. if the metre remains at zero, the test can proceed. An ampoule with a standard solution is then inserted. If the metre reads high or low by more than. 02% on two successive tests, the machine should not be used. If the trial is valid, the mach in e should be flushed with room air and the pointer set at start. You will t hen be asked to provide two breath samples, about fifteen minutes apart.

Normally they will take the result of the lowest result and use it nce against you. ' Refusing to Give a Breath Sample' means refusing without a reasonable excuse to give a sample or refusing without a reason abl e excuse to accompany a, when demanded by the police officer. Before demanding by the police officer, he must have reasonable and prob a be grounds to believe that you a recommitting or at any time in the p receding two hours have committed, one of the offences of driving or having care and control of a vehicle while impaired or while having a blood alcohol l level in excess of 80 m. g. You can refuse to give a breath sample until you have communicated in private with your lawyer even if this takes you be yond the two hour period, unless it is shown that your request for a lawyer was not genuine and merely to delay the testing. The test can be done after the two hour period, but a technician must testify in court as to what your blood alcohol would have been in the two hour period. You cannot refuse to acco m-pay the officer until you see your lawyer.

You can argue that the officer didn't have reasonable and probable grounds to suspect you, but this however depends on the circumstances. ' Refusing to submit to a Roadside Screening Test' is the last offence. When you commit this offence you are refusing without reasonable excuse to give a breath sample for a roadside screening device, or refusing without reasonable excuse to accompany a police officer for the purposes of giving such a sample, when demanded by an officer. Before the officer demands a breathalyzer he must reasonably suspect that you have alcohol in your blood. The maximum penalties for impaired driving causing bodily harm to someone is up to 10 years in prison and up to a 10 year prohibition from driving. The maximum penalties for impaired driving causing death is up to 14 years and a 10 from driving.

The maximum penalty for manslaughter and criminal negligence causing death is up to life in prison and up to a from driving. I think that these penalties for all the drinking and driving offences are very appropriate, but I think impaired driving causing death should be a lifetime imprisonment. Also if a person is impaired a nd causes bodily harm to some one they should have their licence suspended from him for 20 years instead of 10 years.

Bibliography

Highway Traffic Law, (Copyright January 1986: Community Legal Education Ontario) p.
17-32 Government Document, Canada Law Reform Commision Report on Investigative Tests: Aclohol, Drugs, and Driving Offences (1983).
Erwin, Richard E.M. Bender, Defence of Drunk Driving Cases, Criminal Civil (Albany 1986) p.
79-81 Pu rich, Donald John, Drinking and Driving: What To Do If Your Caught (International Self Counsel Pr. 1978) p.
22-25 Verticle File at Hill Crest Library, Drinking and Driving-Offences: A Summary (1988) p.
2 Verticle File at Hill Crest Library, Criminal Code-Part 6 (1989), section 3, section 11.
Verticle File at Hill Crest Library, HighWay Trafic (1989), section 26.