Drinking And Driving Offences Essay

1135 words - 5 pages

1'DRINKING AND DRIVING OFFENCES'My essay is on 'Drinking and Driving Offences'. In my essay I willtell 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 careand control of a vehicle while impaired', 'Driving while exceeding 80 m.g.','Having care and control of a vehicle while exceeding 80 m.g.', 'Refusingto 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. Thesentence for 'refusing to give a breath sample' is usually higher thaneither of the 'exceeding 80 m.g.' offences. Consequently it is usuallyeasier in the long run for you to give a breath sample if asked. If, forexample you are convicted of 'Refusing ato give a breath sample' for thefirst time, but was earlier convicted of 'Driving while impaired', yourconviction 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 canmake. Driving a vehicle while your ability to drive is impaired by alcoholor drugs is one of the offences. Evidence of your condition can be usedto convict you. This can include evidence of your general conduct, speech,ability to walk a straight line or pick up objects. The penalty of thefirst offences is a fine of $50.00 to $2000.00 and/or imprisonment of upto six months, and automatic suspension of licence for 3 months. The secondoffence penalty is imprisonment for 14 days to 1 year and automatic suspen-sion of licence for 6 months. The third offence penalty is imprisonment2for 3 months to 2 years (or more) and automatic suspension of licence forsix months. These penalties are the same for the following offences.'Having Care and Control of a Motor Vehicle while Impaired' is anotheroffence. Having care and control of a vehicle does not require that yoube driving it. Occupying the driver's seat, even if you did not have thekeys, is sufficient. Walking towards the car with the keys could be suffi-cient. Some defences are you were not impaired, or you did not have care andcontrol 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 breath-ayzer test. Having care and control depends on all circumstances.'Driving While Exceeding 80 m.g. is the next offence. Driving avehicle, having consumed alcohol in such a quantity that the proportionof alcohol in your blood exceeds 80 miligrams of alcohol in 100 mililitresof blood. Some defences are the test was administered improperly, orthe 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...

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