Quote:
Originally Posted by GP_Matt
You can find the entire traffic safety act here but I have cut out the important part for your benefit.
http://www.qp.alberta.ca/documents/Acts/t06.pdf
I have highlighted the important parts. If your BAC is less than 80 they have to give you your drivers license back and let you go on your merry way. Under the new law, something that is legal is being punished. The reason they don't let you fight it in court is because no law has been broken.
I firmly believe that if driving between 0.05 and 0.08 is dangerous they should make it a crime and punish people accordingly. Personally, I have no idea if it is dangerous or not as I don't have a breathalyzer to play with when I am drinking. |
I think you highlighted the wrong section, I think you meant to highlight section 5(a), but that is negated by the section 1. Its the same reason someone can be charged with impaired driving (criminally) even if they don't blow over 0.08 mg. Its two separate charges under the criminal code (impaired driving/providing a sample over 0.08). The former is merely based on a police officer's opinion that the accused's ability to operate a motor vehicle was affected by the consumption of alcohol.
Furthermore, there is more than adequate case law that anyone who provides a "warn" in a roadside screening device (0.05 and 0.08) will receive a 24 hour suspension. This is common practice in Alberta.