Drinking and driving offences essay

Argumentative Essay on Drinking and Driving Drinking and driving is a term associated with the consumption of alcohol and subsequently driving a motor vehicle. Driving under the influence of alcohol is considered a primary contributor to road accident deaths. Authorities around the world prohibit the consumption of alcohol in combination to the use of machinery or driving on roads as it exposes the driver to danger as well as engaging other motorists. Consumption of alcohol impairs the judgment of an individual making the driver unfit for driving a motor vehicle or any other individual unfit to operate any form of machinery Cefrey,

Drinking and driving offences essay

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Drinking and driving offences essay

In my essay 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 driving. Let me tell you about the different offences. There are six offences in drinking and driving. These are all Criminal Code Offences. Now lets talk about the penalties of drinking and driving.

Consequently it is usually easier in the long run for you to give a breath sample if asked. 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 second offence penalty is imprisonment for 14 days to 1 year and automatic suspen- sion of licence for 6 months. The third offence penalty is imprisonment 2 for 3 months to 2 years or more and automatic suspension of licence for six months.

These penalties are the same for the following offences. Having care and control of a vehicle does not require that you be driving it. Walking towards the car with the keys could be suffi- cient.

It is not a defence that you registered below 80 m. Having care and control depends on all circumstances. Driving a vehicle, having consumed alcohol in such a quantity that the proportion of alcohol in your blood exceeds 80 miligrams of alcohol in mililitres of blood.

Some defences are the test was administered improperly, or the breathalyzer machine was not functioning properly. This offence means having care and control of a vehicle whether it is in motion or not, having consumed alcohol in such a quantity that the proportion of alcohol in your blood exceeds 80 miligrams of alcohol in mililitres of blood.

The defences are the test was administered improperly, or the breathalyzer machine was not functioning properly. To defend against breathalyzer evidence you must understand how the test should be administered.

The proper procedure for a breathalyzer test is as follows. Warming up the machine until the thermometer registers 50 degrees centigrade. This should take at least 10 minutes. An ampoule with a standard solution is then inserted.

If the trial is valid, the machine should be flushed with room air and the pointer set at start. You will then be asked to provide two breath samples, about fifteen minutes apart.

Normally they will take the result of the lowest result and use it as evidence against you. Before demanding by the police officer, he must have reasonable and probable grounds to believe that you are committing or at any time in the preceeding two hours have committed, one of the offences of driving or having care and control of a vehicle while impaired or while having a blood alcohol level in excess of 80 m.

You can refuse to give a breath sample until you have communicated in private with your lawyer even if this takes you beyond the two hour period, unless it is shown that your request for a lawyer was not genuine and merely to delay the testing.

The test can be done after the two hour period, but a technician must testify in court as to what your blood alcohol would have been in the two hour period. You cannot refuse to accom- pany the officer until you see your lawyer.

When you commit this offence you are refusing without reasonable excuse to give a breath sample for a roadside screening device, or refusing without reasonable excuse to accompany a police officer for the purposes of giving such a sample, when demanded by an officer.

Before the officer demands a breathalyzer he must reasonably suspect that you have alcohol in your blood.

Analysis of different drinking and driving offences and their penalites.

The maximum penalties for impaired driving causing death is up to 14 years and a 10 year prohabition from driving. The maximum penalty for manslaughter and criminal negligence causing death is up to life in prison and up to a lifetime prohabition from driving. I think that these penalties for all the drinking and driving offences are very appropriate, but I think impaired driving causing death should be a lifetime imprisonment.

Also if a person is impaired and causes bodily harm to some one they should have their licence suspended from him for 20 years instead of 10 years.

Community Legal Education Ontario p. Aclohol, Drugs, and Driving Offences The Consequences of Drinking And Driving Essay - Driving under the influence has affected many people's lives and families.

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Driving offences - Essay