Drinking and Driving Offenses
Drinking and Driving Offenses
My essay is on "Drinking and Driving Offenses". In my essay I will tell you the various kinds of drinking and driving offenses, the penalties, and the defences you can make if you are caught drinking and driving.
Let me tell you about the different offenses. There are six offenses in drinking and driving. They are "driving while impaired", "Having 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.", "Refusing to give a breath sample", and "refusing to submit to a roadside screen test. These are all
Criminal Code offenses.
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." offenses. Consequently it is usually easier in the long run for you to give a breath sample if asked. If, for example you are convicted of
"Refusing to give a breath sample" for 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 offenses. For the first offense here is the penalty and the defences you can make.
Driving a vehicle while your ability to drive is impaired by alcohol or drugs is one of the offenses. 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 of the first offenses 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 offense penalty is imprisonment for 14 days to 1 year and automatic suspen-sion of licence for 6 months. The third offense penalty is imprisonment for 3 months to 2 years (or more) and automatic suspension of licence for six months. These
My essay is on "Drinking and Driving Offenses". In my essay I will tell you the various kinds of drinking and driving offenses, the penalties, and the defences you can make if you are caught drinking and driving.
Let me tell you about the different offenses. There are six offenses in drinking and driving. They are "driving while impaired", "Having 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.", "Refusing to give a breath sample", and "refusing to submit to a roadside screen test. These are all
Criminal Code offenses.
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." offenses. Consequently it is usually easier in the long run for you to give a breath sample if asked. If, for example you are convicted of
"Refusing to give a breath sample" for 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 offenses. For the first offense here is the penalty and the defences you can make.
Driving a vehicle while your ability to drive is impaired by alcohol or drugs is one of the offenses. 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 of the first offenses 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 offense penalty is imprisonment for 14 days to 1 year and automatic suspen-sion of licence for 6 months. The third offense penalty is imprisonment for 3 months to 2 years (or more) and automatic suspension of licence for six months. These
Bibliography: Government Document, Canada Law Reform Commission Report on Investigative Tests: Aclohol, Drugs, and Driving offenses (1983). Erwin,Richard E. M.Bender ,Defence of Drunk Driving Cases, Criminal Civil (Albany 1986) p.79-81 Verticle File at Hill Crest Library, Drinking and Driving-offenses ands penalties:A Summary (1988) p.2 Verticle File at Hill Crest Liabrary, Criminal Code-Part 6 (1989), section 3, section 11. Verticle File at Hill Crest Library, HighWay Traffic (1989), section 26