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SCoC rules Crown right to seize drunk driver's truck

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SCoC rules Crown right to seize drunk driver's truck

Postby oneh2obabe » Jan 17th, 2013, 1:08 pm

Although the decision came about because of a Quebec lower court ruling, it does have implications for the rest of Canada if any provincial government is looking to crack down on drunk driving by making vehicle seizures routine.

* * * * *

The Supreme Court of Canada has overturned a Quebec lower court ruling and allowed the Crown to seize a vehicle belonging to a repeat drunk driver.

In a 7-0 decision today, the justices ruled that the judge in the Quebec case was wrong to deny the forfeiture order.

The case involved Alphide Manning, who was arrested near Baie-Comeau in April 2010. He subsequently pleaded guilty to two counts of impaired driving and was sentenced to 12 months on one charge and five months on the other.

The Crown also moved to seize the truck Manning was driving when he was arrested.

Manning argued that the loss of the $1,000 vehicle, his sole asset, would be overly harsh.

The trial judge denied the seizure motion, saying it would be a disproportionate penalty.

The Quebec Court of Appeal denied a Crown appeal of the decision.

The Supreme Court, however, said the trial judge was wrong.

"We are not satisfied that the impact of the order of forfeiture sought by the Crown was disproportionate," the decision said.

The justices said Manning's record had to be considered.

"The trial judge erroneously emphasized Mr. Manning's personal circumstances and failed to give appropriate weight ... to Mr. Manning's criminal record, including five convictions on alcohol-related driving offences and three for breaches of probation orders or undertakings."

The ruling comes as the Quebec government is looking to crack down on drunk driving by making vehicle seizures routine.

Quebec Justice Minister Bertrand St-Arnaud said Wednesday that he wants to see offenders' vehicles seized after each infraction and confiscated for good upon a third offence.

The latter measure can already be applied but is not done often enough for St-Arnaud.

http://www.cbc.ca/news/canada/montreal/ ... izure.html
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Re: SCoC rules Crown right to seize drunk driver's truck

Postby Veovis » Jan 17th, 2013, 2:55 pm

IN a case like this I don't see an error in taking the vehicle. He's had 5 DUI convictions, never mind actual times caught, as well as getting caught 3 times while suspended.

If he keeps the truck, he will drive the truck, licence or not, and he will be drunk some of those times based on history.
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Re: SCoC rules Crown right to seize drunk driver's truck

Postby juz516 » Jan 17th, 2013, 3:11 pm

I know of two young women that had their vehicles taken and licences suspended....with no priors and one for 3 months.(one was speeding and the other, apparently, blew over at a check point. The one girl appealed, denied, and was informed that if she chose to appeal again, it would be a 10,000 fine and criminal record. How does that work?
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Re: SCoC rules Crown right to seize drunk driver's truck

Postby Bsuds » Jan 17th, 2013, 3:49 pm

It's about time the penalties for driving impaired got much harsher than what they have been in the past.
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Re: SCoC rules Crown right to seize drunk driver's truck

Postby kibbs » Jan 17th, 2013, 9:47 pm

Quebec has a brutal drinking culture.It took me a week to get use to beer with breakfast,It does not surprise me the lower court was lenient.Its an awesome place to party,
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Re: SCoC rules Crown right to seize drunk driver's truck

Postby Donald G » Feb 23rd, 2013, 10:57 am

Yes ... Yes ... Yes ... Yes ... Yes. Drinking and driving is a CRIMINAL offense and should be treated as such.
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Re: SCoC rules Crown right to seize drunk driver's truck

Postby GrooveTunes » Feb 23rd, 2013, 2:42 pm

Yup. The law should be able to confiscate your cell phone as well if you get caught.
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Re: SCoC rules Crown right to seize drunk driver's truck

Postby Bsuds » Feb 23rd, 2013, 9:13 pm

GrooveTunes wrote:Yup. The law should be able to confiscate your cell phone as well if you get caught.


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