| RSN CRX |
| Ok last night my friend got a 24 hour driving suspension at the checkstop beside the WEM. He had 1 beer to drink 2 hours before getting in the car. When he recieved the breathalizer test he got 57 and the limit is 80. The cop said that it was "fairly close" and gave him the suspension. Now my question is, did the cop have the right to give him the suspension even though he was clearly under the limit? |
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| HeavyEarly87T |
There is a grey area rule that allows the police to suspend a driver if they appear to be under the infuince even if the test proves not.
This allows for people who have had too much cough meds or some stuff like that so they can get them off the road.
Maybe he just wanted to make sure you got the point about drinking & driving. My guess is that because the numbers are higher this year (drunk drivers) they are getting tougher. |
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| MX5 Miata Guy |
DISCRETION...
Each and every call a police officer makes is within his or her discretion.
Your buddy is no worse for wear, and maybe learned something out of it...and best of all, it was free.
If you :beer: don't drive. |
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| TrevorK |
| Does the car get towed (If no one in the car can drive it) in this scenario? |
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| MX5 Miata Guy |
| No, simply parked in a safe place. |
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| RSN CRX |
| There was another girl in the car that barely knows how to drive but the officer decided that it would be safer for her to drive a car that she has never driven before than my friend who was very sober. |
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| MX5 Miata Guy |
Well, obviously he wasn't that sober...he blew fairly high, regardelss of the (current) legal limit. There are plenty of other jurisdictions and countries that he would have been over the limit on.
If she didn't feel comfortable driving the car, they should have called a taxi. If she's got a license, why can't she drive? |
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| albertarc |
quote:
Originally posted by RSN CRX
Ok last night my friend got a 24 hour driving suspension at the checkstop beside the WEM. He had 1 beer to drink 2 hours before getting in the car. When he recieved the breathalizer test he got 57 and the limit is 80. The cop said that it was "fairly close" and gave him the suspension. Now my question is, did the cop have the right to give him the suspension even though he was clearly under the limit?
The Legal Limit is .08 (or 80); however, you can still be charged w/ Impaired Driving if your BAC (Blood Alcohol Content) is less than 80 but your ability to operate a motor vehicle is impaired by alcohol or a drug ... some people don't know this. When I took my training to be a breath technician the highest reading I got to was 77 & I was definitely impaired at that point (& yes we do get to drink on the course).
The province of Alberta (& most other provinces that I know of) have stated that between 40 & 80 you receive a 24 Hr suspension so that is where your friend fits in w/ his reading of 57.
Does this make things clearer??
Jimbo:dunno: |
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| RSN CRX |
| Thanks a lot Jimbo, it clears it up pretty well. I just thought that since he was not over the limit he shouldn't get anything for it. But all is fair I must agree. BTW, MX5 Miata Guy if you saw the way this girl drives her own car wich is pretty small you definitly wouldn't wanna get in a minivan with her.:bthumbup: |
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| MX5 Miata Guy |
| So, that brings up the question as to how she got her license and/or has managed to keep it. Either she can drive or she can't. That's not for a cop to decide on the spot. If your drunk buddy didn't feel comfortable with her driving (or things felt worse than they really were being as he wasn't sober), he should have prevented her from driving his (or his mom's) minivan. :drama: |
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| RSN CRX |
quote:
Originally posted by MX5 Miata Guy
So, that brings up the question as to how she got her license and/or has managed to keep it. Either she can drive or she can't. That's not for a cop to decide on the spot. If your drunk buddy didn't feel comfortable with her driving (or things felt worse than they really were being as he wasn't sober), he should have prevented her from driving his (or his mom's) minivan. :drama:
Just like in the other driving forum as someone had already mensioned that it is easy to get a driving licence. So I guess you can say that she "can" drive, but that can also be argued. I do agree with you that he should have called a cab or something to get home since he wasn't comfortable with the girl driving his mom's :lol: minivan. |
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| Keith303 |
| i blew 91 befor and they let me off with a 24 hr |
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| albertarc |
quote:
Originally posted by Keith303
i blew 91 befor and they let me off with a 24 hr
The Courts have determined that everyone no matter of gender, race, size, drinking ability etc is legally impaired at 100. There is a bunch of technical stuff regarding the figuring out of the actual reading on the Intoxilyzer 5000C (the big instrument either in the Checkstop bus or the police station) such as the reading of 91 would be what they called truncated down to 90 & then there is a range of + / - 10 which could mean 80 in this case. Is 80 actually OVER 80??????
This is why normally the RCMP doesn't charge unless there is a reading of 100 + (may I repeat myself here ... NORMALLY - there are always exceptions to every rule as we all know).
I'm sure this has opened up a new can of worms for discussion!!
Jimbo:drama: |
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| Insomniac |
| what is the penalty with a 24 hour suspension? |
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| RSN CRX |
quote:
Originally posted by Insomniac
what is the penalty with a 24 hour suspension?
They take your drivers licence away for 24 hours and then you have to go and pick it up. |
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| Keith303 |
i got a 245hr and they gave me a carless driving ticket for no fuckin reason aswell as a tint ticket.
$402 for carless
$57 for tint.
i learnt my lesson the hard way |
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| MX5 Miata Guy |
There had to be A reason.
Three sides to every story...yours, theirs, and the truth. |
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| Insomniac |
quote:
Originally posted by RSN CRX
They take your drivers licence away for 24 hours and then you have to go and pick it up.
That's it? No penalty, fine, demerits, record on your abstract? |
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| MX5 Miata Guy |
quote:
Originally posted by Insomniac
That's it? No penalty, fine, demerits, record on your abstract?
Yup. |
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| wrxtasy |
Your buddy blew 57 after 1 beer 2 hour prior?
I thought that your body can metabilize a beer an hour?
As in 1 beer 2 hours prior should show almost zero..
Mabe a hard night parting the night before or your budy weighs like 40 pounds.. |
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| RSN CRX |
quote:
Originally posted by wrxtasy
Your buddy blew 57 after 1 beer 2 hour prior?
I thought that your body can metabilize a beer an hour?
As in 1 beer 2 hours prior should show almost zero..
Mabe a hard night parting the night before or your budy weighs like 40 pounds..
My buddy is 220lb and he usualy drinks hard shit like vodka so maybe that could made a difference.:dunno: |
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| dc2696 |
quote:
Originally posted by RSN CRX
Ok last night my friend got a 24 hour driving suspension at the checkstop beside the WEM. He had 1 beer to drink 2 hours before getting in the car. When he recieved the breathalizer test he got 57 and the limit is 80. The cop said that it was "fairly close" and gave him the suspension. Now my question is, did the cop have the right to give him the suspension even though he was clearly under the limit?
the exact same thing just happened to me this last weekend my friend was driving my car he blew .05 and got a 24hr, then they towed my car across town (1km) and charged me $160 to get it out, i should add they also used a flat bed to tow it (????) and during the loading my exhaust was grinding the street extensively, then when i picked it up i noticed that i had about a pound of sand in my exhaust....:mad: :mad: but y did they tow it, it was off the road completely in the shoulder.....:confused: |
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| Keith303 |
| when i got my 0.91 the officer just parked my car on the residential side of the street and I got it the next day. |
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