10-24-2006, 05:10 PM
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#129
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Franchise Player
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Traffic Safety Act, RSA 2000, c. T-6
3‑ and 6-month suspensions, etc.
88(1) In this section,
(a) “alcohol‑related driving of a motor vehicle” means those circumstances referred to in subsection (2)(a) and (b);
(b) “bodily harm” means any hurt or injury to a person that interferes with the health or comfort of the person and that is more than merely transient or trifling in nature;
(c) “notice of disqualification” means a notice of disqualification referred to in subsection (2);
(d) “notice of suspension” means a notice of suspension referred to in subsection (2);
(e) “peace officer” means a police officer as defined in section 1 of the Police Act;
(f) “temporary operator’s permit” means a temporary operator’s permit issued under subsection (2).
(2) Where
(a) a peace officer has reasonable and probable grounds to believe that a person drove a motor vehicle, and
(b) in relation to that person driving that motor vehicle, the peace officer,
(i) by reason of an analysis of the breath or blood of the person, has reasonable and probable grounds to believe that the person has consumed alcohol in such a quantity that the concentration of alcohol in that person’s blood exceeds 80 milligrams of alcohol in 100 millilitres of blood, or
(ii) has reasonable and probable grounds to believe that the person while having alcohol in that person’s body failed or refused, without a reasonable excuse, to comply with a demand made on that person to supply a sample of that person’s breath or blood under section 254 of the Criminal Code (Canada),
the peace officer shall, on behalf of the Registrar,
(c) in the case of a person who holds an operator’s licence,
(i) require that person to surrender to the peace officer that operator’s licence and issue to that person a temporary operator’s permit, and
(ii) serve on that person a notice of suspension of that person’s operator’s licence;
(d) in the case of a person who holds a temporary operator’s permit,
(i) require that person to surrender to the peace officer that temporary operator’s permit, and
(ii) serve on that person a notice of suspension of that temporary operator’s permit;
(e) in the case of a person who holds a licence or permit issued in another jurisdiction that permits the person to operate a motor vehicle, serve on that person a notice of disqualification
(i) disqualifying that person from operating a motor vehicle, and
(ii) disqualifying that person from applying for or holding an operator’s licence;
(f) in the case of a person who does not hold an operator’s licence, serve on that person a notice of disqualification disqualifying that person from applying for or holding an operator’s licence.
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