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Originally Posted by Traditional_Ale
Axe Body Spray, Visine, Cepacol and chewing gum, and when the driver gets blasted by the mag light they would do well to react by looking away and raising their hand to block it, not just shutting their eyes and looking stupid.
Eye contact, using the words sir/officer, articulating your speech properly.
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None of those things will help the "horizintal gaze test". Alcohol causes jerky movements of the eyes.
Quote:
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a 30 day suspension absolutely will show up on an abstract. I just had a client in the same predicament about a month ago.
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Yup, I was confusing TSA S.89 (24 hour suspension - NOT reported to the registrar) ans S.90 (Novice Drive 1 month Susp - IS reported to the registrar). My mistake.
OP - You may have grounds for an appeal after all. As posted earlier, one of the grounds for appeal is "Not refusing to take a breath test". Since you were not afforded the opportunity, you MAY have grounds here. It may be in your best interest to read up on the appeal process (there was a link on page 1 or 2) and follow through. After re-reading S.90, this suspension IS forwarded to the registrar and therefore should appear on a drivers abstract. This will impact insurance hugely.
One-month suspension re novice driver
90
(1)
In this section,
(a) “approved screening device” means a device that is
designed to ascertain the presence of alcohol in a person’s
blood and that is
(i) an approved screening device within the meaning of
section 254 of the Criminal Code (Canada), or
(ii) approved under this Act by the Lieutenant Governor
in Council to be used for the purposes of this section;
(b) “notice of suspension” means a notice of suspension
referred to in subsection (4);
RSA 2000
Section 90 Chapter T-6
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TRAFFIC SAFETY ACT
(c) “novice driver” means a person who holds a novice
operator’s licence;
(d) “novice operator’s licence” means an operator’s licence
classified as a learner’s operator’s licence or a
probationary operator’s licence;
(e) “peace officer” means a police officer as defined in
section 1 of the
Police Act;
(f) “temporary novice operator’s permit” means a temporary
novice operator’s permit issued under subsection (4).
(2)
If a peace officer reasonably suspects that the driver of a motor
vehicle who is a novice driver, having consumed alcohol, drove the
motor vehicle, the peace officer may require that the novice driver
forthwith provide a breath sample into an approved screening
device.
(3)
On being required to provide a breath sample under subsection
(2), the novice driver must provide a breath sample forthwith.
(4)
Where a novice driver
(a) provides a breath sample under subsection (3) and the
breath sample registers a result on the approved screening
device that indicates the presence of alcohol in that
driver’s blood, or
(b) without a reasonable excuse fails or refuses to provide a
breath sample when required to do so by a peace officer
under subsection (2),
the peace officer shall, on behalf of the Registrar,
(c) in the case of a person who holds a novice operator’s
licence,
(i) require that person to surrender to the peace officer
that novice operator’s licence and issue to that person
a temporary novice operator’s permit, and
(ii) serve on that person a notice of suspension of that
person’s novice operator’s licence;
(d) in the case of a person who holds a temporary novice
operator’s permit,
(i) require that person to surrender to the peace officer
that temporary novice operator’s permit, and
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Section 90 Chapter T-6
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TRAFFIC SAFETY ACT
(ii) serve on that person a notice of suspension of that
temporary novice operator’s permit.
(5)
Where
(a) a person’s novice operator’s licence is surrendered and a
temporary novice operator’s permit is issued under
subsection (4)(c),
(i) that person is immediately disqualified from driving
a motor vehicle in Alberta and remains so
disqualified until the temporary novice operator’s
permit comes into effect,
(ii) the temporary novice operator’s permit comes into
effect at the expiration of 24 hours from the time that
the disqualification referred to in subclause (i) came
into effect, and
(iii) the temporary novice operator’s permit expires at the
end of the 7th day following the day on which the
temporary novice operator’s permit came into effect;
(b) a notice of suspension is served on a person under
subsection (4)(c), the suspension, with respect to the
surrendered novice operator’s licence, takes effect
immediately on the expiration of the temporary novice
operator’s permit issued in respect of the surrendered
novice operator’s licence;
(c) a notice of suspension is served on a person under
subsection (4)(d), the suspension, with respect to the
surrendered temporary novice operator’s permit, takes
effect immediately on the service of the notice.