Quote:
Originally Posted by ikaris
The law is very clear: if you are over the limit, you are considered under the influence and therefore should be charged with a DUI. A police officer is not qualified to say that we will let you off on a 24 hour "just because" if you're over the limit.
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I certainly agree with you that IF the grounds exist to lay the charge, the charge should be laid. Unfortunately, in the real world, there are several factors, some of which I have outlined above that CAN dissuade an officer from doing to full impaired. Qualified is maybe not the correct word there.
Quote:
Originally Posted by ikaris
On the flip side, police officers have charged impaired drivers with DUI when they have been under the limit. In almost all cases, these charges are overturned in court. This further underlines the fact in how police officers have to enforce the law. There is a reason these laws are so verbose; it's to ensure that discretionary policies like this are avoided. The fact that some police officers ignore the very stringent intent of the law is what I have issue with.
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Ignore is also not the correct word. They make a conscious decision to not fulfill the obligations and duties bestowed on them.
I managed to find a great story by W5 broadcast about a year ago. It outlines many of the frustrations that both the public and police officers feel and that have been outlined in this thread.
http://www.ctv.ca/servlet/ArticleNew...0103?hub=WFive
(on the right hand side theres a 'video' link with part 1 and part 2.)
Enjoy.