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Drinking and Driving Presentation

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by

Ross Guthro

on 23 October 2012

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Transcript of Drinking and Driving Presentation

Drinking and Driving The Role of Canadian Legislation Legal Concerns of Driving Drunk National Surveys have shown that:

-1 in 5 drivers have been drinking:
-1 in 20 drivers are impaired:
-Upwards of 50% of driver fatalities involve alcohol, and at least 38% of these drivers are impaired
-Impaired driving is the largest single criminal cause of death and injury on Canadian highways.

Actual Cost of Drunk Driving;

Category: Cost:
Towing Charge $100
Impound Lot (storage) $15/day
Driver's Licence Reinstatement Fee $250
New Driver's Licence $15
Alcohol Assessment (mandatory) $125
Maximum Fine $700
High Risk Insurance for 3 years $11 400
Lawyer's Fees $2500
Total $15 105

Estimated values:

-The estimated annual cost of alcohol-related motor vehicle accidents is $27 billion
-Every 20 minutes a person is killed in an alcohol-related tragedy
-A total of 2,364 youths, aged 15-20 died in alcohol-related crashes in 1993
-Alcohol is eliminated from the bloodstream at a rate of 0.015 percent per hour Minister of Transportation of Ontario: Affected by alcohol or drugs, leads to crime under Criminal Code of Canada More alcohol in blood, more difficult to judge distance and reaction to hazards on road August 1st, 2010, Novice drivers of caught with alcohol in blood, receives immediate 24-hour roadside license suspension. Convicted, fines anyhere from $60-$500; as well as suspension period. Consequences include:
- loss of license
- Fine ($)
- Jail Time Statistics of Impaired Driving The Education Act Provincial Code of Conduct: 301 (1);
- Minister may establish code of conduct governing behaviour of persons in schools. (2);
#6 - To discourage use of alcohol and illegal drugs Same, Promoting Safety: 302 (3);
- If required by minister, board shall establish policies and guidelines to promote safety of pupils, policies and guidelines must be consistent with those established by Minister under section 301, must address matters and include requirements as minister may specify. Durham Catholic School Board Policy ll ) Safety; Members of DCDSB community must not:
possession of, under influence of, or provide alochol or illegal drugs. Suspension; Infraction for suspension considered by principal include:
Possessing alcohol or illegal drugs
Influence of alcohol

Student may be suspended for minimum of one (1) school day, maximum of twenty (20) school days. Expulsion; Infraction for principal to expell pupil from pupil's school or from all schools of Board include:
Activities or patterns of behaviour on or off school property cause pupil's presence in school to create unacceptable risk to physical or mental well-being of other person(s) in school or board;
Activities on or off school property caused extensive damage to property of board or to goods that are/were on Board property. Drinking and Driving Laws Implemented in Ontario on May 1st, 2009 (Bill 203) Prior to May 1, 2009, drivers pulled over and blew into roadside breathalyzer, breath sample that registered a BAC between 0.05 and 0.08 subjected to drivers license temporary suspension of 12 hours Effective May 1, 2009, motorist in Ontario stopped by police officer, provides sample of breath, registers BAC between 0.05 and 0.08, automatically have license suspended for 3 days - If same driver pulled over within 5 years of first administrative suspension, BAC bewteen 0.05 and 0.08; license suspended for 7 days, driver must enroll and complete remedial alcohol education program
- If same driver pulled over third time or more within 5 years of last administrative suspension, registers between 0.05 and 0.08, license suspended for 30 days, must enroll, complete remedial acohol education program, will have an "ignition interlock" condition placed on license for six months. Ignition Interlock- Mechanism, like breathalyzer, installed on motor vehicle's dashboard. Before vehicle's motor can be started, driver must exhale into device. If BAC greater than programmed level, usually 0.02% or 0.04%, device prevents engine start. Cost to Society -People must deal with those injured/killed in accidents.
-City must deal with property damage.
-Citizens live in fear of the drunk driver (if alive).
-Citizens will have tainted memory of the location.
-If a child is killed, the parents never see them grow up.
-If an adult is killed, the driver has destroyed a family (emotionally, monetarily)
-If someone becomes crippled, there are many costs: OHIP, reconfiguration of home (wheelchair ramps), disability pension (government money).
-Raised insurance rates for everybody.
-Poor reflection on alcohol-serving establishment.
-Mental incapacitation- people may have to be looked after and cared for constantly. Cost to the Individual - Must live with the guilt and regret of killing, injuring, causing damage.
-Injury/death due to accident.
-Must pay fines and serve their sentence.
-Live with a criminal record.
-Will always be regarded as a criminal/menace to society by citizens.
-Almost impossible to get insurance to drive again.
-If unemployed, it might be difficult to find employment. - Current laws are enforced to ensure the safety of motorists and pedestrians, as well as to protect and ensure the safety of public and private property of Canadians and the government.
- Laws and legislation are used in a preventative measure to attempt to ensure that drunk driving does not occur, not so that the drunk drivers are punished.
-Section 253 (1)(a) of the Criminal Code of Canada states that it is illegal to operate any vehicle while under the influence of alcohol, drugs, or both.
-Section 253 (1)(b) of the Criminal Code states that it is illegal to operate any vehicle with a Blood Alcohol Concentration (BAC) of greater than 0.08 percent. Everything changes when you drink and drive..... The Role Of The Courts Ccr - Driving drunk can cost you: - Prosecutors make the decision whether or not to pursue drunk-driving cases in court.
- Prosecutors consider three things:
- Whether the case is legally sound
- Whether it can be proved
- Relevant policy considerations
- Government must prove the charge beyond a reasonable doubt Injustice of Drinking and Driving It infringes upon the charter rights of every Canadian. - Section 7 is broken when you drink and drive. Section 7 ensures the right to liberty, life, and ensurement of security. Prosecution License suspension between 3 days to a 90 day suspension from a roadside test or refusal to partake in a roadside test. Sentencing $150 monetary penalty for blowing over .05 B.A.C. level - Minimum jail sentence (30-120 days)
- Alcohol Treatment Programs
- Alcohol Education Programs Being forced by law to go to an Alcohol Treatment Program and Alcohol Education Program. Having to have an interlock condition attached to your vehicle.

Offending at least twice requires a 30 day jail sentence and a third requires 120 days. Specific Case - A man, age 38 was found guilty on three charges of driving under the influence.
- 30 day jail sentence.
- will serve 15 in jail and the other 15 will be under house arrest.
- Had to pay a fine over $1000 and also had to participate in an alcohol program Criminal charges
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