Quote:
Originally Posted by psicodude
It was posted by hockeycop himself that a 30 day suspension can be given if the officer smells alcohol.
|
I'd call B.S. on that (not saying that you personally are psicodude just that you happen to be the most recent person to say this).
If I'm under the GDL, am a designated driver at a house party, and in the process of being at the party have alcohol spilled on me. If pulled over, or at a check point an officer will smell alcohol, if it's late perhaps my eyes would be bloodshot (and let's face it, driving annoying drunks around you're going to be agitated and not in your best state). So in this scenario I lose my licence for 30 days and have a charge against me which will effect my insurance despite the fact I didn't drink anything, because an officer smelled alcohol?
What if at the party I mistakenly took a sip of alcohol (I didn't realize the punch was spiked), it's been several hours later, but I'd be lying if when asked if I had any alcohol if I said "no". Again, I lose my licence?
I would think that the breathalyser is a must.
In the case of thesmuggler we're not dealing with a balance of probabilities (which most people have been arguing) but beyond a reasonable doubt, which with the question "why wasn't he given a breathalyser test?" he *might* have. Again I'm not a lawyer, I don't know how the provincial laws work in Alberta.
At the risk of sounding too much like an east coast liberal hippie, if he was drinking & driving, he should be hung by this thumbs and stabbed with rusty nails.
