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DRINKING AND DRIVING OFFENCES

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Term Paper TitleDRINKING AND DRIVING OFFENCES
# of Words1215
# of Pages (250 words per page double spaced)4.86



                                                                      1
                        "DRINKING AND DRIVING OFFENCES"



       My essay is on "Drinking and Driving Offences".  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.  They are "driving while impaired", "Having care

and control of a vehicle while impaired", "Driving while exceeding 80 m.g.",

"Having care and control of a vehicle while exceeding 80 m.g.", "Refusing

to give a breath sample", and "refusing to submit to a roadside screen test.

These are all Criminal Code Offences.


       Now lets talk about the penalties of drinking and driving.  The

sentence for "refusing to give a breath sample" is usually higher than  

either of the "exceeding 80 m.g." offences.  Consequently it is usually

easier in the long run for you to give a breath sample if asked.  If, for

example you are convicted of "Refusing ato give a breath sample" for the

first time, but was earlier convicted of "Driving while impaired", your

conviction for "Refusing" will count as a second conviction, not a first,

and will receive the stiffer penalty for second offences.  


       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 penalty of the

first offences is a fine of $50.00 to $2000.00 and/or imprisonment of up

to six months, and automatic suspension of licence for 3 months.  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 Motor Vehicle while Impaired" is another

offence.  Having care and control of a vehicle does not require that you

be driving it.  Occupying the driver's seat, even if you did not have the

keys...

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