Drinking And Driving Offenses

Drinking and Driving Offenses


My essay is on "Drinking and Driving Offences". In my essa 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 drivi ng.


Let me tell you about the different offences. There are si x offences in

drinking and driving. They are "driving while impaired", "Havi 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 efusing to give a

breath sample", and "refusing to submit to a roadside sc reen 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 ually 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" 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

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 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 automati c suspen-sion of licence for 6 months. The third offence

penalty is impris onment 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 offenc 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 suffi-cient. Some defences are

you were not impaired, or you did not hav 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-ayzer 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 propo rtion of alcohol in your

blood exceeds 80 miligrams of alcohol in 100 mi lilitres 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 Exceedin 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 consum ed alcohol in such a

quantity that the proportion of alcohol in your blood ex ceeds 80 miligrams of

alcohol in 100 mililitres of blood. The defences are the test was administered

improperly, or the breathalyzer machine was not f unctioning properly. To defend

against breathalyzer evidence you must unders tand how the test should be

administered. The proper procedure for a breat halyzer test is as follows.

Warming up the machine until the thermometer registers 50 degrees centThis is ONLY a preview of the article. If you would like to view the entire document, you must subscribe to Electronic References. Please register below now!


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