Quote:
Originally Posted by dhc-2
Legally they may not be impaired, but in practical terms, any amount of alcohol from .00-.05 will impair you. I've driven after a glass of wine, for instance, and while I was not near .05, you can feel the effect it has on you. There is a degree of impairment, however slight. That translates to reduced reaction times, and sometimes a fraction of a second is all the difference. At .05, while you can say that legally you are not impaired, I would argue that in practical terms you most definitely are. Perhaps not to the degree where you're weaving in and out of lanes doing 50 over the limit but reaction times and decision-making will be affected. I think the issue here should be more about practical, real impairment as opposed to the legal definition of same.
I will, however, agree there are better ways to go about this, as you suggested. There must be some sort of recourse. I find it hard to believe that a lawyer couldn't do anything for you in a case like this, even after the fact.
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I'm only speaking from the BC side of things but I do believe that the Alberta changes are based off of and are very similiar to the rules applied in BC. I could be wrong.
As already stated, a Lawyer can do
nothing. You don't get your impound fees back. You don't get paid for days missed at work. In BC, you can get charged with a DUI, spend money on a lawyer beat the charges and you still have to go thru the Responsible Driver Program. You still face the possibility of a ignition locking system installed into your vehicle after the program. In fact with a DUI you are now almost guaranteed of it, keep in mind you have been acquitted. There is no recourse. That is just for DUI's. For the roadside suspensions, there is absolutely nothing you can do. There is no way to dispute it. You cannot even ask to be taken down to the station for a proper breathalyzer test. Altho, they are considering changing that.
For the above bolded part. So you have a slight change in your reaction time after one glass of wine. Where do you draw the line? What about when you have the flu? A head cold? A migraine? Slept for 4 hours because your baby kept you up all night? What if your allergies are acting up and your sneezing like mad? What about a stiff neck that doesn't allow you to have full turning radius? There are so many scenarios where your reaction time and driving awarness can be affected. If government is truly concerned about saving peoples lives, then when a cop stops you at a road block, wouldn't you feel safer if the cop suspends a driver who is obviously having his driving ability changed by the above mentioned scenarios?
The government has drawn the line at .08. That is currently the law. If they want to change that, then change it. Make .05 and over a DUI. Don't make it legal to be under .08 and then create some cash cow bull####. The government, insurance company(ies), ignition installers, program directors (RDP) and towing yards rake in a sick amount of money. And you know damn well the companies that get the exclusive contracts to facilitate these services are greasing some politician. This is not about saving lives its about making money. It is so aggrivating. If they actually cared about lives and belived being at .05 and over is wrong. Then make it illegal and make it a criminal charge to be over .05. That way a person gets to defend themselves and not have to deal with this money grubbing BS.