Quote:
Originally Posted by MBates
The new definition of conveyance includes a motor vehicle, vessel, aircraft and railway equipment.
This Ontario case dealt specifically with the issue of operating a mobility scooter while impaired including arguments under section 15 of the charter:
https://www.canlii.org/en/on/oncj/do...07oncj242.html
I suppose this guy blowing 0.328 might have been a deciding factor in the police proceeding with the charge but from the analysis the court did here it is clear cut that such devices are motor vehicles under the criminal code. |
Now that would be interesting to see.
Thanks for your input by the way. For us 'Legal Laymen' what is particularly enlightening is that you can read the over-arching summary and see that the score on the 'smell test' is questionable at best and then you lay out why with the actual legal issues.
It never ceases to surprise me when people come in with the tired old defence of:
"If you've got nothing to hide you wont mind."
or
"Prove your innocence."
Its like they long for the 'Good Ol' Days' of Cold War Era East Berlin.
And finally it seems like an unreasonably strong piece of legislation for what statistically appears to be a rapidly dwindling issue. Similar to the 0.08 vs 0.05 debate, these largely arent the people responsible for most impaired driving issues, albeit .08 is pretty hammered, but the people who are so drunk that they're a danger will give Police plenty of good reasons to pull them over and likely dont care about BAC or the laws one way or the other.
The ~0.05 crowd largely arent bothering anybody, so do we really need to pull over everyone and their dog for mandatory breathalyzer tests?