My essay is on “Drinking and Driving Offences”. In myessay I will tell you the various kinds of drinking and drivingoffences, the penalties, and the defences you can make if you arecaught drinking and driving.Let me tell you about the different offences. There aresix offencesin drinking and driving.
They are “driving whileimpaired”, “Having care and control of a vehicle while impaired”,”Driving while exceeding 80 m.g.”, “Having care and control of avehicle while exceeding 80 m.g.”, “Refusing to give a breathsample”, and “refusing to submit to a roadside screen test.
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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 usuallyhigher than either of the “exceeding 80 m.g.” offences.Consequently it is usually easier in the long run for you to givea breath sample if asked.
If, for example you are convicted of”Refusing ato give a breath sample” for the first time, but wasearlier convicted of “Driving while impaired”, your convictionfor “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 defencesyou can make. Driving a vehicle while your ability to drive isimpaired by alcohol or drugs is one of the offences. Evidence ofyour condition can be used to convict you. This can includeevidence of your general conduct, speech, ability to walk astraight line or pick up objects. The penalty of the firstoffences is a fine of $50.
00 to $2000.00 and/or imprisonment ofup to six months, and automatic suspension of licence for 3months. The second offence penalty is imprisonment for 14 daysto 1 year and automatic suspension of licence for 6 months. Thethird offence penalty is imprisonment for 3 months to 2 years (ormore) and automatic suspension of licence for six months. Thesepenalties are the same for the following offences.”Having Care and Control of a Motor Vehicle while Impaired”is another offence.
Having care and control of a vehicle doesnot require that you be driving it. Occupying the driver’s seat,even if you did not have the keys, is sufficient. Walkingtowards the car with the keys could be sufficient. Some defencesare you were not impaired, or you did not have care and controlbecause you were not in the driver’s seat, did not have the keys,etc. It is not a defence that you registered below 80 m.
g. onthe breathayzer test. Having care and control depends on allcircumstances.”Driving While Exceeding 80 m.
g. is the next offence.Driving a vehicle, having consumed alcohol in such a quantitythat the proportion of alcohol in your blood exceeds 80 miligramsof alcohol in 100 mililitres of blood.
Some defences are thetest was administered improperly, or the breathalyzer machine wasnot functioning properly.”Having Care and control of a Motor Vehicle whileExceeding 80 m.g.” is the next offence I will talk about.
Thisoffence means having care and control of a vehicle whether it isin motion or not, having consumed alcohol in such a quantity thatthe proportion of alcohol in your blood exceeds 80 miligrams ofalcohol in 100 mililitres of blood. The defences are the testwas administered improperly, or the breathalyzer machine was notfunctioning properly. To defend against breathalyzer evidenceyou must understand how the test should be administered.The proper procedure for a breathalyzer test is as follows.Warming up the machine until the thermometer registers 50 degreescentigrade. This should take at least 10 minutes.
The machineshould then be turned to zero (by using the “adjust zerocontrol”) and a comparison ampoulel (of normal air) inserted. ifthe metre remains at zero, the test can proceed. An ampoule witha standard solution is then inserted. If the metre reads high orlow by more than .02% on two successive tests, the machine shouldnot be used. If the trial is valid, the machine should beflushed with room air and the pointer set at start.
You willthen be asked to provide two breath samples, about fifteenminutes apart. Normally they will take the result of the lowestresult and use it as evidence against you.”Refusing to Give a Breath Sample” means refusing withouta reasonable excuse to give a sample or refusing without areasonable excuse to accompany a polic officer, when demanded bythe police officer. Before demanding