Quote:
Originally Posted by PepsiFree
You are still missing the amendment to 88 (roadside sanctions) - (6.1):
Section 6 currently states:
The bill has been amended so that, despite 2A, which you’re caught up on, you are to be informed of your right to voluntarily undergo a test.
It’s right there.
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That's not the right section dude. I already said so.
Subsection 6 of 88 is to do with blowing over 0.05.
88.1(2)(a) is its own thing.
With the last changes in 2012, Alberta Transportation explicitly stated that you would not lose your licence if you didn't blow over 0.05. This was despite the clause in the Criminal Code section 253 that gives police the option to lay criminal charges on someone who is impaired driving but blows under. Perhaps they were being too layman with their explanation, but it doesn't really matter at the section that gave them the power to revoke someone's licence was found unconstitutional and had to be changed.
With Bill 29, they are explicitly giving the police the ability to revoke someone's licence for 90 days, plus either a year or forcing them to install an expensive device on the vehicle, if the police determines they are impaired.
It all comes down to how they determine what constitutes "impaired driving" under 88.1 (2)(a). Sure, if someone is falling over drunk while doing the field sobriety test or starts counting to 10 after being asked to recite the alphabet backwards, I don't care if they blow 0.02, they should probably have their licence disqualified. But it's so ambiguous, and we've had within the last month, a report of a person who passed the field sobriety test and his breathalyzer, have his licence revoked for impaired driving because, and entirely because, his pupils were dilated.
https://globalnews.ca/news/3909249/c...nothing-wrong/
So if that's the benchmark for 2A, well that's a big concern. Right now it states "impaired to any degree by alcohol or a drug." It's pretty much giving full power to the officer. And it's not like before, where they would need to go to court to prove their claims. This all takes place on the side of the road.