My offences. There are six offencesin drinking
My essay is on “Drinking and Driving Offences”. In my
essay 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 driving.
Let me tell you about the different offences. There are
six offencesin 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 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 usually easier in the long run for you to give
a breath sample if asked. If, for example you are convicted of
“Refusing ato 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 offences.
For the first offence 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 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 of 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 automatic suspension of licence for 6 months. The
third offence penalty is imprisonment for 3 months to 2 years (or
more) and automatic suspension of licence for six months. These
penalties 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 does
not require that you be 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 sufficient. Some defences
are you were not impaired, or you did not have care and control
because 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. on
the breathayzer test. Having care and control depends on all
“Driving While Exceeding 80 m.g. is the next offence.
Driving a vehicle, having consumed alcohol in such a quantity
that the proportion of alcohol in your blood exceeds 80 miligrams
of alcohol in 100 mililitres 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 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 consumed alcohol in such a quantity that
the proportion of alcohol in your blood exceeds 80 miligrams of
alcohol in 100 mililitres of blood. The defences are the test
was administered improperly, or the breathalyzer machine was not
functioning properly. To defend against breathalyzer evidence
you 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 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 ampoulel (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 machine should be
flushed with room air and the pointer set at start. You will
then be asked to provide two breath samples, about fifteen
minutes apart. Normally they will take the result of the lowest
result and use it as evidence against you.
“Refusing to Give a Breath Sample” means refusing without
a reasonable excuse to give a sample or refusing without a
reasonable excuse to accompany a polic officer, when demanded by
the police officer. Before demanding