Vernon Mayor caught drinking and driving.

[dontrump]

"Tell that to the grandfather who was a PASSENGER in his own vehicle, who was NOT drinking and driving, who was issued an IRP, lost his driver's license, his vehicle and was told he would have to take a Responsible Driving Course."


Anyone else feel there's a HUGE bigger story here?

he was charged because he was considered to be in care custody and control of the vehicle because the kid only had a learners licence ;; I don't agree with what happened but that's what the DUI charge stemmed from

[dontrump]

https://www.castanet.net/edition/news-story-210963-2-.htm#210963

3 day Immediate Roadside Prohibition due to blood alcohol content being between .05mg% and .99mg%.

He's come out and has been upfront about it. Good on him.

mund is a lier and we all know that heres the big lie he claims only two drinks?? assuming the standard drink
was used and he was picked up about 3-4 hours after his last drink and he still registered .05 hes lieing because
2 drinks will be .05 in the first place but a person around 180 lbs will lose .05 --.06 in 3 hours so he should have been below .05 when pulled over at or around 2-3 am but was still ,05 so iam pretty sure he was around .1 or better when he originally drove home

[my5cents]

mund is a lier and we all know that heres the big lie he claims only two drinks?? assuming the standard drink was used and he was picked up about 3-4 hours after his last drink and he still registered .05 hes lieing because
2 drinks will be .05 in the first place but a person around 180 lbs will lose .05 --.06 in 3 hours so he should have been below .05 when pulled over at or around 2-3 am but was still ,05 so iam pretty sure he was around .1 or better when he originally drove home

Non of what you said makes any sense.

Your conclusion that he had more than 2 drinks, is however accurate.

If he had two drinks, 20 mgs X 2 = 40 mgs. Even if he chugged them one minute before he left the function. in the 3 hours from then to getting pulled over he would have lost ALL of the 40 mgs. He would have been a ZERO, NADDA, NOTHING.

He blew a minimum of 50 mgs
We loose 15 mgs per hour through oxidization
Stopped by police at 2:30 AM
Left function at11:30 PM
11:30 PM -> 2:30 AM = 3 hours
3 hours X 15 mgs = 45 mgs
45 + 50 = 95 mgs
95 mgs ÷ 20 mgs (standard drink) = 4¾ drinks VERY MINIMUM and that's if he was 150 lbs, which his is not. That does not account for any oxidization that would have taken place during the time he was at the gathering, if for example he started his first drink shortly after arriving.

That would also mean that IF all his drinks were consumed at the gathering, when he left the gathering his level would be 50 mgs plus the 45 mgs MINIMUM. A reading that would have gotten him a "Fail". If he drove from the gathering.

[MAPearce]

he was charged because he was considered to be in care custody and control of the vehicle because the kid only had a learners licence ;; I don't agree with what happened but that's what the DUI charge stemmed from

You do understand that what the old guy was charged with does NOT exist , right ??

The cop made his own law and convicted him on the spot..

Until something similar happens to you , you may think it's ok. Many don't.

[GordonH]

he was charged because he was considered to be in care custody and control of the vehicle because the kid only had a learners licence ;; I don't agree with what happened but that's what the DUI charge stemmed from

You do understand that what the old guy was charged with does NOT exist , right ??

The cop made his own law and convicted him on the spot..

Until something similar happens to you , you may think it's ok. Many don't.

Just to refresh everyone memory on the story here is a link:
http://www.vancouversun.com/news/Mulgre ... story.html
I have no idea why this relative to the mayor though.

[alanjh595]

According to the Criminal Code of Canada:

Operation while impaired

253 (1) Every one commits an offence who operates a motor vehicle or vessel or operates or assists in the operation of an aircraft or of railway equipment or has the care or control of a motor vehicle, vessel, aircraft or railway equipment, whether it is in motion or not,

(a) while the person’s ability to operate the vehicle, vessel, aircraft or railway equipment is impaired by alcohol or a drug; or

(b) having consumed alcohol in such a quantity that the concentration in the person’s blood exceeds eighty milligrams of alcohol in one hundred millilitres of blood.

Marginal note:For greater certainty

(2) For greater certainty, the reference to impairment by alcohol or a drug in paragraph (1)(a) includes impairment by a combination of alcohol and a drug.

R.S., 1985, c. C-46, s. 253; R.S., 1985, c. 27 (1st Supp.), s. 36, c. 32 (4th Supp.), s. 59; 2008, c. 6, s. 18.

For Novice Drivers:

Alcohol and the Graduated Licensing Program

Graduated Licensing Program (GLP) drivers who demonstrate blood alcohol content levels greater than zero but less than 0.05, or who police suspect have drugs in their system face the following additional consequences:

Immediately receive a 12 hour licence suspension for alcohol impairment (24 hours for drug impairment).
Have their driving record reviewed by the Superintendent and may be issued further driving prohibitions. For more information see the Driver Improvement Program page on this site.
Will have to apply to reinstate their driver’s licence after any prohibition longer than 24 hours and pay the license reinstatement fee.
Novice drivers will start over at the beginning of their 24-month (N) licensing period. Learners will reattempt all testing.

[MAPearce]

mund is a lier and we all know that heres the big lie he claims only two drinks?? assuming the standard drink
was used and he was picked up about 3-4 hours after his last drink and he still registered .05 hes lieing because
2 drinks will be .05 in the first place but a person around 180 lbs will lose .05 --.06 in 3 hours so he should have been below .05 when pulled over at or around 2-3 am but was still ,05 so iam pretty sure he was around .1 or better when he originally drove home

Oh that's all horse poop .... No one pays any attention to that stuff....

[MAPearce]

Here's a question My5..

Even if he chugged them one minute before he left the function.

When does the body star to metabolize alcohol ? Is it when it first hits the stomach , or does the body somehow know that the consumer isn't done their drink yet and wait until they have ??

I've always wondered how an accurate BAC rate can be determined in a person who sips their beer over an hour with a good meal and how that relates to knowing how long to wait before " going to get milk" for the kids...

[my5cents]

(quote corrected) "Tell that to the grandfather who was a PASSENGER in his own vehicle, who was NOT drinking and driving, who was issued an IRP, lost his driver's license, his vehicle and was told he would have to take a Responsible Driving Course."


Anyone else feel there's a HUGE bigger story here?

he was charged because he was considered to be in care custody and control of the vehicle because the kid only had a learners licence ;; I don't agree with what happened but that's what the DUI charge stemmed from

Ok, for starters, "he was charged" - that's the problem, he wasn't "charged" the whole program is based on "sanctions". In this case those sanctions were applied without the benefit of legal grounds, and without any oversight.

"he was considered to be in care custody and control" ?? Considered ?? that, is the other danger, police officers, who apparently DON'T know the law, decided to apply a principle that has no legal connection to the incident. He was a PASSENGER !, the driver was SOBER ! Because of the nature of the IRP procedure there are no checks and balances. Checks and balances that are a cornerstone of Canadian law, or at least, used to be.

"DUI charge stemmed from" No such thing as DUI, and as mentioned there was no "charge".

If the RCMP officer or perhaps RCMP officers, knew a scintilla about the law, both Criminal, in relation to what constitutes "Care and Control" and the BC Motor Vehicle Act, which only requires the grandfather to be the holder of a license of the correct class, and that he occupy the seat next to the grandson, this injustice would never have happened.

As the supervising adult, the grandfather can be asleep, drunk, reading a book, anything. (yes I know, you don't think that's the law, go read the Motor Vehicle Act)

Perhaps the dullard RCMP applied the 'legal principle' of "well that should be the law".

The old guy, who, just like the police, apparently didn't know the law finally,, after enduring a summer without his vehicle and his driver's license, paying to get his vehicle back, paying to have his license re-instated, received a letter from the Superintendent of Motor Vehicles, telling him that he now must take a Responsible Driving Course, had had enough.

He didn't know, at that time, that the entire punishment he had gone through was completely without merit in the law, he just thought it was outrageous that he kept on being punished for being a passenger, who was intoxicated.

Do you know what RCMP management said about the incident when finally they were approached, "well you had 30 days to appeal and it's over the 30 days, nothing we can do for you".

Had I been in RCMP management and been advised that one of my members had applied a legal principle so incorrectly, resulting in that member illegally seizing a motor vehicle and a driver's license and then depriving the owner of same for a lengthy period, I would have done my utmost to assist the innocent citizen to rectify the situation.

[dontrump]

mund is a lier and we all know that heres the big lie he claims only two drinks?? assuming the standard drink was used and he was picked up about 3-4 hours after his last drink and he still registered .05 hes lieing because
2 drinks will be .05 in the first place but a person around 180 lbs will lose .05 --.06 in 3 hours so he should have been below .05 when pulled over at or around 2-3 am but was still ,05 so iam pretty sure he was around .1 or better when he originally drove home

Non of what you said makes any sense.

Your conclusion that he had more than 2 drinks, is however accurate.

If he had two drinks, 20 mgs X 2 = 40 mgs. Even if he chugged them one minute before he left the function. in the 3 hours from then to getting pulled over he would have lost ALL of the 40 mgs. He would have been a ZERO, NADDA, NOTHING.

He blew a minimum of 50 mgs
We loose 15 mgs per hour through oxidization
Stopped by police at 2:30 AM
Left function at11:30 PM
11:30 PM -> 2:30 AM = 3 hours
3 hours X 15 mgs = 45 mgs
45 + 50 = 95 mgs
95 mgs ÷ 20 mgs (standard drink) = 4¾ drinks VERY MINIMUM and that's if he was 150 lbs, which his is not. That does not account for any oxidization that would have taken place during the time he was at the gathering, if for example he started his first drink shortly after arriving.

That would also mean that IF all his drinks were consumed at the gathering, when he left the gathering his level would be 50 mgs plus the 45 mgs MINIMUM. A reading that would have gotten him a "Fail". If he drove from the gathering.

please my 5 cents we are both saying the same thing here are we not;; its obvious he lied and had way more than 2 drinks in total that was my point

[dontrump]

he was charged because he was considered to be in care custody and control of the vehicle because the kid only had a learners licence ;; I don't agree with what happened but that's what the DUI charge stemmed from

You do understand that what the old guy was charged with does NOT exist , right ??

The cop made his own law and convicted him on the spot..

Until something similar happens to you , you may think it's ok. Many don't.

best read replies before condemning ;; I clearly said ""I don't agree"

[my5cents]

please my 5 cents we are both saying the same thing here are we not;; its obvious he lied and had way more than 2 drinks in total that was my point

Yes, certainly.

He was lying like a sidewalk.

Your calculations were all over the map, but you arrived at the correct answer.

I would like to hear from him how he got home from the function, because at that time, if his only drink were consumed at the function, had he been stopped it would have been a "Fail".

[dontrump]

please my 5 cents we are both saying the same thing here are we not;; its obvious he lied and had way more than 2 drinks in total that was my point

Yes, certainly.

He was lying like a sidewalk.

Your calculations were all over the map, but you arrived at the correct answer.

I would like to hear from him how he got home from the function, because at that time, if his only drink were consumed at the function, had he been stopped it would have been a "Fail".

My numbers were very clear and accurate you misread/misunderstood them is all
and had he been picked up on his way home earlier he would have been over 1 for sure

[aitaix]

This guy is going to be completed his term and ya'll are gonna be still deciding over his employment about how he "Almost" got a DUI. Face it. He's here to stay guys.

[my5cents]

Here's a question My5..

Even if he chugged them one minute before he left the function.

When does the body star to metabolize alcohol ? Is it when it first hits the stomach , or does the body somehow know that the consumer isn't done their drink yet and wait until they have ??

I've always wondered how an accurate BAC rate can be determined in a person who sips their beer over an hour with a good meal and how that relates to knowing how long to wait before " going to get milk" for the kids...

Your very right. I used the "chugged, one minute before he left" to give him a worst case scenario (ie the highest reading he could have later at 2:30 AM) Benefit of the doubt, but even with that,,,, liar, liar, pants on fire.

If he really had two drinks at the function, lets say he was there for only two hours and spaced them over the two hours, by 2:30 AM he would be at zero, without question.

The alcohol is mostly oxidized by the liver (90% of it). 5% by the kidneys through urine and 5% through the lungs (ie, that's why breath tests work)

The stomach is mostly just a holding area, where everything is broken down a bit before it heads to the intestines. About 20% of the alcohol that enters your blood stream does so by the stomach, the majority is absorbed through the small intestine.

The stomach factors in, as you mentioned, by it's contents at the time of liquor consumption. If it's empty any alcohol will tend to be absorbed through the system quickly. If it's full, that will delay the alcohol working it's way through to the intestines, where it is absorbed into the blood stream. Also the type of alcohol affects how quickly it is absorbed. Beer has a large volume with less % of alcohol, a shot for example is absorbed quicker. Actually a drink with 25% alcohol by volume is the quickest. "zoom up there" a friend used to say.

You're quite correct, the degree that alcohol enters the blood stream verses the amount consumed can vary quite a bit.

The determination of BAC by consumption and elapsed time is complicated and you'd need to determine many factors to get a fairly accurate estimate.

The simple rule is : (based on a 150 lb male)
1 single drink, or 1 beer (bottle/can) = 20 mg
every hour the BAC goes down by 15 mg.

Yes, then we have the person nursing a total of 2 beers over an hour and a half, while eating a burger and French fries.

He certainly isn't metabolizing 15 mgs an hour in the first hour, because he won't have 15 mgs in his system. The slow consumption coupled with the food would greatly delay the full absorption of the alcohol.

Also we are talking about a 150 lb man. If it's a 150 lb woman the BAC would be higher, if the person is lighter than 150 the reading will be higher, if the person is heavier the reading will be lower. The dissipation rate will remain fairly consistent no matter the weight. It can be as low as 10% and as high as 20%, most are between 13% and 18%. So 15% is what is generally used.

The simple rule is.... I had 3 beers spaced evenly while watching the hockey game. The game lasted 3 hours. 3 X 20 mg = 60 mg. (50 mg is the provincial limit) forget the 1st hour, 2 hrs X 15 mg = 30 mg 60 - 30 = 30 mgs. I'm 200 lbs so the 30 mgs is for a 150 lb male. I'm good to go.