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Old 11-09-2010, 08:06 AM
 
398 posts, read 733,022 times
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That sucks bigtime. Here it is a civil issue, not a criminal offence to refuse a breathalyzer. Usually the penalty is automatic licence suspension. They can still get a warrant to take blood after you refuse the breathalyzer. It seems unfair for it to be a criminal offence to refuse a breathalyzer.
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Old 11-09-2010, 08:13 AM
 
398 posts, read 733,022 times
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It's like you're forcing someone to provide evidence against themselves.
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Old 11-09-2010, 08:51 AM
 
Location: Perth, Western Australia
9,589 posts, read 27,811,439 times
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Quote:
Originally Posted by Northbound81 View Post
That sucks bigtime. Here it is a civil issue, not a criminal offence to refuse a breathalyzer. Usually the penalty is automatic licence suspension. They can still get a warrant to take blood after you refuse the breathalyzer. It seems unfair for it to be a criminal offence to refuse a breathalyzer.
I may be wrong on the actual charges,
but I do know they punish failing to provide a breathalyzer.

I do remember hearing something like refusing a breahalyzer being equivalent to having a certain blood-alcohol level.
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Old 11-09-2010, 08:54 AM
 
Location: Perth, Western Australia
9,589 posts, read 27,811,439 times
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Quote:
Originally Posted by Northbound81 View Post
It's like you're forcing someone to provide evidence against themselves.
Yeah we have no "...I plead the 5th..." in Canada.

But this could be just because it's drunk-driving,
something MADD Canada has been aggressively-campaigning over.

Recently they changed the rules about blowing 0.05-0.07 in Ontario.
Used to be that you could lose your licence for 24 hrs,
but now they take it from you for up to 3 days,
and perhaps have other conditions like mandatory AA meetings,
with licence restrictions for a few months.

I believe Ontario's very-tough drunk driving laws are probably a good thing...
Except I disagree on Ontario's "zero-tolerance" for drinking and boating. (on any lake, on any watercraft)

Last edited by ColdCanadian; 11-09-2010 at 09:14 AM..
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Old 11-09-2010, 11:01 AM
 
398 posts, read 733,022 times
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Even kayaking on a private lake?
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Old 11-09-2010, 11:48 AM
 
Location: Perth, Western Australia
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Quote:
Originally Posted by Northbound81 View Post
Even kayaking on a private lake?
Probably.
Just like how you can be busted for cutting your own grass on a riding lawn mower drunk.
(which imho, you are likley only a threat to yourself )

How strictly it is enforced is also debateable.
Just like how highway 401 is posted 100 km/h maximum,
and traffic will often flow at 125 km/h during good weather away from the cities...
yet we have a severe "50+ km/h-Over" rule that police can confiscate your car and give you a $10,000 fine.

If this interests you, I recommend doing a search of our current laws.
I'm not 100% aware of what happens around me.

Anyone else famililar with Ontario laws?
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Old 11-09-2010, 11:54 AM
 
Location: Gatineau, Québec
26,883 posts, read 38,040,463 times
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Originally Posted by ColdCanadian View Post
Probably.
Just like how you can be busted for cutting your own grass on a riding lawn mower drunk.
(which imho, you are likley only a threat to yourself )
Well, that depends. What happens if your little five-year-old neighbour runs onto your lawn to fetch his ball and you run him over because you were too drunk to control your mower?
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Old 11-09-2010, 11:55 AM
 
Location: Gatineau, Québec
26,883 posts, read 38,040,463 times
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Quote:
Originally Posted by ColdCanadian View Post
I may be wrong on the actual charges,
but I do know they punish failing to provide a breathalyzer.

I do remember hearing something like refusing a breahalyzer being equivalent to having a certain blood-alcohol level.
Yes, refusal to provide a breath sample is a Criminal Code offence that applies all across Canada.
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Old 11-09-2010, 12:04 PM
 
Location: Perth, Western Australia
9,589 posts, read 27,811,439 times
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Quote:
Originally Posted by Acajack View Post
Well, that depends. What happens if your little five-year-old neighbour runs onto your lawn to fetch his ball and you run him over because you were too drunk to control your mower?
True but..
there are a lot of "what ifs" that are also very dumb
some have nothing to do with drinking, or nothing to do with transportation.
There's no law against operating power tools on your own property drunk,
or carving a turkey while "three-sheets-to-the-wind."
(both of which scare me, and could theoretically affect your "5 yr old neighbour" scenario)

Lawn mowing drunk is more dangerous that being on a "party barge" drunk,
so it doesn't really bother me that it's illegal,
but it generally seems a bit silly imho given the typical maximum speeds under 30 km/h.
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Old 11-09-2010, 02:02 PM
 
Location: Toronto
1,654 posts, read 5,856,245 times
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Originally Posted by Cart24 View Post
Also keep in mind that the exact same racial issues are present in the Canadian justice system as in the US. Blacks make up 2% of the Canadian population, but make up over 6% of the prison population;
Wow a 4% difference... that's hardly significant enough to get worked up about about. I do agree there's issues that need addressing with the Aborigines though.
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