Alberta .05 law in effect today
Science has proven that .08 blood alcohol means someone is very likely impaired and therefore unable to drive. In Canada, if a driver is found with a .08% blood alcohol concentration and deemed impaired, a criminal charge is given. Then after that, the driver has the right to challenge this in court. Even still, the driver still gets to keep their vehicle as it is not impounded, although they don't get to drive it.
Not with the new .05 law in Alberta. Officers can now determine with a roadside breathalyser, although are prone to error, that you are over .05 and seize your vehicle on the spot. You have no chance to appeal or challenge. Police are now judge and jury.
Further to that, drunk driving deaths happen when drivers are way over the .08 limit. This law will do nothing to curb that.
This is grossly unconstitutional and I hope some good lawyers out there challenge this useless, stupid law.
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3 comments:
I live in Alberta and am very disheartened that a peoples rights are trampled in this manner. If MADD and its supporters want a 0.05 or 0.00 level for criminal code, then tackle that at the federal level where it belongs.
The making of the police as both judge and jury will lower even more the level of regard that police have, especially the RCMP that has taken a well deserved credibility beating over the last few decades. I agree and believe that the 0.05 test, on faulty and unreliable equipment, is illegal search and seizure.
Finally, when being charged with a crime, why take the vehicle when the target is supposed to the driver? Taking the vehicle only punishes the spouse, parent, commercial business owning the vehicle or car rental company. The vehicle is an inanimate object and did not commit any crime - it should not be punished.
The Alberta Government has crafted the law to force people to plead guilty. I just hope that there is someone out there this weekend that can afford to part with his/her vehicle for the better part of a year to fight this abomination.
I would like to share my experience with an RCMP bully with a badge.
We were stopped in a roadblock on a sunday about noon going into Deep Bay in Bowser BC on Vasncouver Island.
The costable demanded "HOW MUCH ALCHOL HAVE YOU HAD TO DRINK TODAY?
When I pointed out I had not had any and that he was not asking a question but making an accusation he was visably not pleased.
He stuck his head into our vehicle and wanted to know if we had any "open containers of alchol"
When i said we had already answered his question he asked if we had any alchol in the vehicle.
I asked why that would be a concern? We were driving a Nissan Pathfinder.
He announced he was going to search the back of the vehicle.
I responded by locking the doors and refusing to let him look. The back windows are smoked he pressed his face against them trying to see in.
I know the drill, if he thinks he has a case he has to call his sargent and it is a big deal, basicaly he has to impound our truck, and possibly arrest us.
I am 63 years old have a clean record no convictions no tickets even on my driving record.
I was completely gobsmacked by this bully with a badge.
I realize drinking and driving is a problem.
However giving this much authority to this type of individual is a very big mistake.
Our courts aren't perfect, Constable Cranky even more so.
This will not survive a court challenge just another waste of time and money.
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