Calgarypuck Forums - The Unofficial Calgary Flames Fan Community - View Single Post - Driving under the legal limit? Doesn't matter, your vehicle is impounded anyway.

GP_Matt · 06-18-2012, 11:42 AM

I highlighted 5b, but both 5a and 5b apply as they both state the conditions to prove that you are under 0.08. Neither one says anything about being between 50 and 80 mg.

And how does section one negate everything below it? Why would they bother writing section 5 if it was negated by the section above it? Section one states that the officer can require a driver to surrender his licence and the sections that follow outline the conditions.

I understand the impaired driving charge being separate, but someone who got a 24 hour suspension isn't being charged with impaired driving. (That can't come without a trial and a guilty verdict)

The law to me though is pretty clear that a person given a 24 hour suspension can dispute it by proving that their BAC is below 80.

06-18-2012, 11:42 AM	#609
GP_Matt First Line Centre Join Date: Jun 2011 Location: Edmonton Exp:	I highlighted 5b, but both 5a and 5b apply as they both state the conditions to prove that you are under 0.08. Neither one says anything about being between 50 and 80 mg. And how does section one negate everything below it? Why would they bother writing section 5 if it was negated by the section above it? Section one states that the officer can require a driver to surrender his licence and the sections that follow outline the conditions. I understand the impaired driving charge being separate, but someone who got a 24 hour suspension isn't being charged with impaired driving. (That can't come without a trial and a guilty verdict) The law to me though is pretty clear that a person given a 24 hour suspension can dispute it by proving that their BAC is below 80.