153 lines
9.0 KiB
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153 lines
9.0 KiB
Plaintext
ÜÜÜÜÜÜÜÜÜÜÜÜÜ ÜÜÜ ÜÜÜÜ
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ÜÛÛÛÛÛÛÛÛßÛßßßßßÛÛÜ ÜÜßßßßÜÜÜÜ ÜÛÜ ÜÛÛÛÛÛÛÛÛÜÜÜÜÜÛßß ßÛÛ
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ßÛÛÛÛÛÛÛÛÛÛÛÛÛÛÜ ßÛÛ ÜÛÛÛÜÛÛÜÜÜ ßÛÛÛÛÜ ßÛÛÛÛÛÛÛÜÛÛÜÜÜÛÛÝ Ûß
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ßßßÛÛÛÛÛÛÛÛÛÛÜ ÞÝ ÛÛÛÛÛÛÛÛÛÛÛßßÛÜÞÛÛÛ ÛÛÛÛÛÜ ßßÛÛÛÞß
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Mo.iMP ÜÛÛÜ ßÛÛÛÛÛÛÛÝÛ ÞÛÛÛÛÛÛÛÛÛ ÞÛÛÛÛ ÞÛÛÛÛÛÝ ßÛß
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ÜÛÛÛÛÛÛÛ ÛÛÛÛÛÛÛÛÝ ÞÛÛÛÛÛÛÛÛÝ ÛÛÛ ÛÛÛÛÛÛ
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ÜÛÛÛÛÛÛÛÝ ÞÛÛÛÛÛÛÛÛ ÞÛÛÛÛÛÛÛÛ ß ÞÛÛÛÛÛÛÜ ÜÛ
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ÜÛÛÛÛÛÛÛÝ ÛÛÛÛÛÛÛÛ ÛÛÛÛÛÛÛÛÝ ÞÞÛÛÛÛÛÛÛÛÛß
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ÜÛßÛÛÛÛÛÛ ÜÜ ÛÛÛÛÛÛÛÛÝ ÛÛÞÛÛÛÛÛÝ ÞÛÛÛÛÛÛßß
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ÜÛßÛÛÛÛÛÛÜÛÛÛÛÜÞÛÛÛÛÛÛÛÛ ÞÛ ßÛÛÛÛÛ Ü ÛÝÛÛÛÛÛ Ü
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ÜÛ ÞÛÛÛÛÛÛÛÛÛÛß ÛÛÛÛÛÛÛÛÛ ßÛÜ ßÛÛÛÜÜ ÜÜÛÛÛß ÞÛ ÞÛÛÛÝ ÜÜÛÛ
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ÛÛ ÛÛÛÛÛÛÛÛß ÛÛÛÛÛÛÛÛÛÛÜ ßÛÜ ßßÛÛÛÛÛÛÛÛÛß ÜÜÜß ÛÛÛÛÜÜÜÜÜÜÜÛÛÛÛÛß
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ßÛÜ ÜÛÛÛß ßÛÛÛÛÛÛÛÛÛÛÜ ßßÜÜ ßßÜÛÛßß ßÛÛÜ ßßßÛßÛÛÛÛÛÛÛßß
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ßßßßß ßßÛÛß ßßßßß ßßßßßßßßßßßßß
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ARRoGANT CoURiERS WiTH ESSaYS
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Grade Level: Type of Work Subject/Topic is on:
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[ ]6-8 [ ]Class Notes [Essay on Drinking and ]
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[ ]9-10 [ ]Cliff Notes [Driving Offences ]
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[x]11-12 [x]Essay/Report [ ]
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[ ]College [ ]Misc [ ]
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Dizzed: 09/94 # of Words:1294 School: ? State: ?
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ÄÄÄÄÄÄÄÄÄ>ÄÄÄÄÄÄÄÄÄ>ÄÄÄÄÄÄÄÄÄ>Chop Here>ÄÄÄÄÄÄÄÄÄ>ÄÄÄÄÄÄÄÄÄ>ÄÄÄÄÄÄÄÄÄ>ÄÄÄÄÄÄÄÄÄ
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"DRINKING AND DRIVING OFFENCES"
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My essay is on "Drinking and Driving Offences". In my essa y I will
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tell you the various kinds of drinking and driving offences, the p enalties,
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and the defences you can make if you are caught drinking and drivi ng.
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Let me tell you about the different offences. There are si x offences
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in drinking and driving. They are "driving while impaired", "Havi ng care
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and control of a vehicle while impaired", "Driving while exceeding 80 m.g.",
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"Having care and control of a vehicle while exceeding 80 m.g.", "R efusing
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to give a breath sample", and "refusing to submit to a roadside sc reen test.
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These are all Criminal Code Offences.
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Now lets talk about the penalties of drinking and driving. The
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sentence for "refusing to give a breath sample" is usually higher than
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either of the "exceeding 80 m.g." offences. Consequently it is us ually
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easier in the long run for you to give a breath sample if asked. If, for
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example you are convicted of "Refusing ato give a breath sample" f or the
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first time, but was earlier convicted of "Driving while impaired", your
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conviction for "Refusing" will count as a second conviction, not a first,
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and will receive the stiffer penalty for second offences.
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For the first offence here is the penalty and the defences you can
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make. Driving a vehicle while your ability to drive is impaired by alcohol
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or drugs is one of the offences. Evidence of your condition can be used
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to convict you. This can include evidence of your general conduct , speech,
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ability to walk a straight line or pick up objects. The penalty o f the
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first offences is a fine of $50.00 to $2000.00 and/or imprisonment of up
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to six months, and automatic suspension of licence for 3 months. The second
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offence penalty is imprisonment for 14 days to 1 year and automati c suspen-
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sion of licence for 6 months. The third offence penalty is impris onment
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for 3 months to 2 years (or more) and automatic suspension of lice nce for
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six months. These penalties are the same for the following offenc es.
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"Having Care and Control of a Motor Vehicle while Impaired" is another
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offence. Having care and control of a vehicle does not require th at you
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be driving it. Occupying the driver's seat, even if you did not h ave the
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keys, is sufficient. Walking towards the car with the keys could be suffi-
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cient. Some defences are you were not impaired, or you did not hav e care and
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control because you were not in the driver's seat, did not have th e keys,
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etc. It is not a defence that you registered below 80 m.g. on the breath-
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ayzer test. Having care and control depends on all circumstances.
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"Driving While Exceeding 80 m.g. is the next offence. Dri ving a
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vehicle, having consumed alcohol in such a quantity that the propo rtion
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of alcohol in your blood exceeds 80 miligrams of alcohol in 100 mi lilitres
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of blood. Some defences are the test was administered improperly, or
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the breathalyzer machine was not functioning properly.
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"Having Care and control of a Motor Vehicle while Exceedin g 80 m.g."
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is the next offence I will talk about. This offence means having care and
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control of a vehicle whether it is in motion or not, having consum ed alcohol
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in such a quantity that the proportion of alcohol in your blood ex ceeds 80
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miligrams of alcohol in 100 mililitres of blood. The defences are the test
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was administered improperly, or the breathalyzer machine was not f unctioning
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properly. To defend against breathalyzer evidence you must unders tand how
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the test should be administered. The proper procedure for a breat halyzer
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test is as follows. Warming up the machine until the thermometer registers
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50 degrees centigrade. This should take at least 10 minutes. The machine
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should then be turned to zero (by using the "adjust zero control") and a
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comparison ampoulel (of normal air) inserted. if the metre remains at zero,
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the test can proceed. An ampoule with a standard solution is then inserted.
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If the metre reads high or low by more than .02% on two successive tests,
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the machine should not be used. If the trial is valid, the machin e should
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be flushed with room air and the pointer set at start. You will t hen be
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asked to provide two breath samples, about fifteen minutes apart. Normally
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they will take the result of the lowest result and use it as evide nce
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against you.
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"Refusing to Give a Breath Sample" means refusing without a
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reasonable excuse to give a sample or refusing without a reasonabl e excuse
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to accompany a polic officer, when demanded by the police officer. Before
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demanding by the police officer, he must have reasonable and proba ble
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grounds to believe that you are committing or at any time in the p receeding
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two hours have committed, one of the offences of driving or having care and
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control of a vehicle while impaired or while having a blood alcoho l level in
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excess of 80 m.g. You can refuse to give a breath sample until yo u have
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communicated in private with your lawyer even if this takes you be yond the
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two hour period, unless it is shown that your request for a lawyer was not
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genuine and merely to delay the testing. The test can be done aft er the two
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hour period, but a technician must testify in court as to what you r blood
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alcohol would have been in the two hour period. You cannot refuse to accom-
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pany the officer until you see your lawyer. You can argue that th e officer
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didn't have reasonable and probable grounds to suspect you, but th is however
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depends on the circumstances.
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"Refusing to submit to a Roadside Screening Test" is the l ast
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offence. When you commit this offence you are refusing without re asonable
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excuse to give a breath sample for a roadside screening device, or refusing
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without reasonable excuse to accompany a police officer for the pu rposes of
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giving such a sample, when demanded by an officer. Before the off icer
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demands a breathalyzer he must reasonably suspect that you have al cohol in
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your blood.
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The maximum penalties for impaired driving causing bodily harm to
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someone is up to 10 years in prison and up to a 10 year prohabitio n from
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driving. The maximum penalties for impaired driving causing death is up
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to 14 years and a 10 year prohabition from driving. The maximum p enalty
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for manslaughter and criminal negligence causing death is up to li fe in
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prison and up to a lifetime prohabition from driving.
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I think that these penalties for all the drinking and driv ing
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offences are very appropriate, but I think impaired driving causin g death
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should be a lifetime imprisonment. Also if a person is impaired a nd
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causes bodily harm to some one they should have their licence susp ended
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from him for 20 years instead of 10 years.
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BIBLIOGRAPHY
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Highway Traffic Law, (Copyright January 1986: Community Legal Educ ation
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Ontario) p.17-32
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Government Document, Canada Law Reform Commision Report on Investi gative
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Tests: Aclohol, Drugs, and Driving Offences (1983).
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Erwin,Richard E. M.Bender ,Defence of Drunk Driving Cases, Crimina l Civil
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(Albany 1986) p.79-81
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Purich, Donald John, Drinking and Driving:What To Do If Your Caugh t
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(International Self Counsel Pr. 1978) p.22-25
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Verticle File at Hill Crest Library, Drinking and Driving-Offences ands
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penalties:A Summary (1988) p.2
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Verticle File at Hill Crest Liabrary, Criminal Code-Part 6 (1989),
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section 3, section 11.
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Verticle File at Hill Crest Library, HighWay Trafic (1989), sectio n 26
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