B.C. drunk driving law could be overturned

[theyeti]

i agree ppl get wrapped up in so called rites but really your rites amount to what the powers that be let u have ..

[simnut]

i agree ppl get wrapped up in so called rites but really your rites amount to what the powers that be let u have ..

And in the case of the IRPS, it is the legal rights that we discuss........

[KL3-Something]

And "the right to drive":

http://www.canlii.org/eliisa/search.do? ... =&endDate=

Many of those refer to cases about driving ON the right....or having the right to drive certain roads etc.....hehehe

That was my point. Nowhere has the Supreme Court of Canada said that there is a right to drive.

The privilege ("legal right" if you want to call it that) is not fundamental and is only granted by the legislature in the jurisidiction the licence is granted. In the case of BC the legislature has set out the conditions under which it will grant someone the privilege and the OSMV is the government department through which the legislature grants, and revokes that privilege. You complain about the OSMV's practice when it comes to appeals. But just like the police, they are only acting on what the legislature, your elected representatives, have laid out for them for work with.

[Trunk-Monkey]

The "right to drive" is not protected by the Charter of Rights, but it is a legal right, if all "parameters" are met by the driver. It IS a right that can be taken away if the driver "fails" at any of those "rules".

You do not have the right to drive unless you meet the parameters EXACTLY. One of those parameters is to apply for, be tested for and obtain a drivers lic. Said lic is a privilege to acquire based on the "contract" you sign when obtaining that lic. Without a drivers lic you have no "right" to be on the streets operating a motor vehicle....
I get what some may think .... I passed the drivers lic test so I have the right to drive....no aguement here. I would also say that the IRPs are legal which gives the police the right to pull said drivers lic and impound your car if you are caught with a BAC over .05.

Its pretty simple...

[theyeti]

im tired of other ppl telling me what is and isnt allowed ... at the same time having drunks on the streets killing and maiming is no good either .. maybe its time to make drinking an at home activity .. maybe enforce a drink limit at bars or something to curb drunk driving .. the penalty is awful harsh .. again tho so is mowing down innocent ppl .

im not sure where i stand on it . i personally rarely drink so it affects me little ..

[keith1612]

im tired of other ppl telling me what is and isnt allowed ... at the same time having drunks on the streets killing and maiming is no good either .. maybe its time to make drinking an at home activity .. maybe enforce a drink limit at bars or something to curb drunk driving .. the penalty is awful harsh .. again tho so is mowing down innocent ppl .

im not sure where i stand on it . i personally rarely drink so it affects me little ..

yes drinking and driving is bad, this isnt a law against drunk drivers.
this is a law to nail non impaired drivers for having a beer or two with dinner.
the police say its not to go after the people having 1 drink but to get the real drunks.
well then why not charge the real drunks and take them to court?
.05 is 1 beer thats a joke, i cant stop and have a steak and beer on the way home?
look at the fines and penalties involved with this and tell me this isnt a revenue game.
to me its a straight forward thing, if you are breaking the law charge you and go to court.
if you are not breaking a criminal code offense then leave us alone.
stop taxing us at every turn!!
it has been suggested that the RCMP should and may have the right at roadblocks to make every single driver blow regardless of reasons, well remember that with 1 beer and dinner and this crap law.

[theyeti]

believe me i rarely agree with police .. i just really dont care much for reckless idiots on the roads boozin it up . thank god its not like sask here where thats an ordinary tuesday night

[KL3-Something]

yes drinking and driving is bad, this isnt a law against drunk drivers.
this is a law to nail non impaired drivers for having a beer or two with dinner.
the police say its not to go after the people having 1 drink but to get the real drunks.
well then why not charge the real drunks and take them to court?
.05 is 1 beer thats a joke, i cant stop and have a steak and beer on the way home?
look at the fines and penalties involved with this and tell me this isnt a revenue game.
to me its a straight forward thing, if you are breaking the law charge you and go to court.
if you are not breaking a criminal code offense then leave us alone.
stop taxing us at every turn!!
it has been suggested that the RCMP should and may have the right at roadblocks to make every single driver blow regardless of reasons, well remember that with 1 beer and dinner and this crap law.

Ignorance.....

You will NOT blow ANYWHERE NEAR .05 if you have A beer with a meal on your way home from work. Have three or four beer on your way home and you may be flirting with disaster....

[keith1612]

yes drinking and driving is bad, this isnt a law against drunk drivers.
this is a law to nail non impaired drivers for having a beer or two with dinner.
the police say its not to go after the people having 1 drink but to get the real drunks.
well then why not charge the real drunks and take them to court?
.05 is 1 beer thats a joke, i cant stop and have a steak and beer on the way home?
look at the fines and penalties involved with this and tell me this isnt a revenue game.
to me its a straight forward thing, if you are breaking the law charge you and go to court.
if you are not breaking a criminal code offense then leave us alone.
stop taxing us at every turn!!
it has been suggested that the RCMP should and may have the right at roadblocks to make every single driver blow regardless of reasons, well remember that with 1 beer and dinner and this crap law.

Ignorance.....

You will NOT blow ANYWHERE NEAR .05 if you have A beer with a meal on your way home from work. Have three or four beer on your way home and you may be flirting with disaster....

4 beer will put you over the limit no questions asked at .08
and you call me ignorant
do some research
yes maybe its 1 1/2 or 2 beer but its still a joke.
we have seen sober rcmp officers fail the test so you want to risk it after 1-2 beer?
.05 is not impaired any normal person knows this so why the big cash grab?

[theyeti]

what about requiring bars to operate a safe ride home program is that an option i know bar owners wont like it but if it kept the bars full they would probably bite

[keith1612]

what about requiring bars to operate a safe ride home program is that an option i know bar owners wont like it but if it kept the bars full they would probably bite

so bars are going to drive sober drivers home after a couple beers?

[theyeti]

if thats what it takes i dont know there must be a simple sane way around the road blocks and still keep carnage off the streets . im all for looking outside the box

[Static]

I dont think bars should be responsible for getting their patrons home safe.

[keith1612]

if thats what it takes i dont know there must be a simple sane way around the road blocks and still keep carnage off the streets . im all for looking outside the box

simple charge real drunk drivers not regular drivers having lunch.
making rules to bypass court and reduce the penalty to real drunks isnt helping its just making the police officers job easier to mass charge many.
take the bad off the road not the honest trying to live.
and the carnage on the streets is caused by much more than this issue, strange someone lacking the skills to really drive can run someone over and get a small fine and that happens daily.

[simnut]

You complain about the OSMV's practice when it comes to appeals. But just like the police, they are only acting on what the legislature, your elected representatives, have laid out for them for work with.

No sir......there is a HUGE difference between the OSMV and the police. Yes, the police are only acting what is laid out for them...but we can take it to court! There, when it comes to what the officer(s) have done, the court can AND will overturn, throw out and even chastise the officer(s) involved!!!

And this part....which NO one on here seems to catch!!!! All the court can do....YES the SUPREME COURT OF BC...all it CAN do...is ask the OSMV to revisit the case. The SUPREME COURT OF BC cannot even MAKE the OSMV change it's decision!!!! So, the court is asking the same office that caused the appeal to the Supreme Court in the first place to revisit it's decision with NO POWER to make them revise the decision....regardless of what the Supreme Court finds!!! This means.....the OSMV has to answer to NO ONE, legally speaking!!!

Do you, as an officer, have to answer to someone legally? Yup....my lawyer if you screw up! Don't you see the difference?

Oh, and I thought I've made this point perfectly clear before.......what good does taking this appeal to the Supreme Court of BC do regarding the penalty "phase"? Diddly squat....notta.....ziltch.....none......because sentence has been served by the time this has even gotten to court. It WILL remove said violation/charge from the drivers record, but won't change the penalty aspect. Hang on, THERE'S the difference between officers and the OSMV!!!

Even you, as a police officer......can you figure out why a person has to serve "punishment" while waiting for court?