Charged with almost impaired?

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hwybear
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by: hwybear on
Thu Jul 23, 2009 12:56 pm

Unbelievable!! How can anyone condone the actions of an impaired driving.
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
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Bookm
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by: Bookm on
Thu Jul 23, 2009 3:11 pm

Is below .08 "impaired"?
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hwybear
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by: hwybear on
Thu Jul 23, 2009 4:20 pm

Bookm wrote:Is below .08 "impaired"?
Think that is where lies the problem with a many that argue the limit of 80mgs.

There are 2 different types of charges in here.

1) Over 80 milligrams of alcohol in 100 millitres of blood.
Easist way to explain this is the person is brought back to office and provides 2 breath samples into an instrument. If the reading is over 80 milligrams it is an offence.

2) Impaired Driving (whether alcohol or drug).
This is based on driving, physical features of a person, motor skills of the person, grounds the person has consumed drugs or alcohol.

So 3 examples here:
a) person is all over the road, alcohol on breath, slurred speech, unsteady on feet, eyes red, eyes glossy...arrest impaired and then at office blows: 43mgs, a charge of "impaired driving" can be laid

b) person driving normal, licence plate light out, gets stopped, everything appears normal, except odour of alcohol on breath, use an approved screening device and fails, arrest over 80mgs and then at office blows 188mgs, only a charge of "Over 80mgs" can be laid.

c) person is all over road, alcohol on breath, slurred speech, unsteady on feet, eyes red, eyes glossy....arrest impaired and then at office blows 136mgs.....Charge with "Impaired Driving" and "Over 80mgs".
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
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CoolChick
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by: CoolChick on
Thu Jul 23, 2009 11:37 pm

hwybear wrote:Unbelievable!! How can anyone condone the actions of an impaired driving.
Well first of all you must remember that EVERYONE is innocent until PROVEN guilty. Also you must realise that not all impaired tickets/charges that are written are based on proof of claim.

I think we have the RIGHT to fight anything that we want to fight. The trouble is.... many people assume guilt before knowing all facts.
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CoolChick
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by: CoolChick on
Thu Jul 23, 2009 11:43 pm

What about a person whose car was driven by another, yet car owner is given a charge of impaired driving but wasn't even in the car at time of their car being involved in colliding with a tree.... and was not in car when officer arrived either.... what charge can be laid then ???? Careful... trick question....!
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