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Old 04-27-2019, 05:03 PM   #401
gasman
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Which part is anything but legal? I know having open alcohol would be illegal and I don't do that, just saying it is a stupid law. As for downing 3 shots or chugging 3 beers and hopping in my car, what law would that be breaking? 3 drinks in 1/2 an hour are not enough to get me over 0.05.
Based on this calculator a 200lb man would be 0.056 after 3 beer in 30 minutes

BAC Calculator

I think this proves that people don't really comprehend what would get them over the limit

*Edit* guess I don't know your weight, that will be a variable, but this also assumes 5% beer, so that is also a variable - lots of craft beers are way over tgat

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Old 04-28-2019, 08:31 AM   #402
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Which part is anything but legal? I know having open alcohol would be illegal and I don't do that, just saying it is a stupid law. As for downing 3 shots or chugging 3 beers and hopping in my car, what law would that be breaking? 3 drinks in 1/2 an hour are not enough to get me over 0.05.
https://www.alberta.ca/twenty-four-h...n-program.aspx
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Old 05-31-2019, 10:45 AM   #403
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So IIRC there was quite a debate about whether police would actually act on the part of the law that said they could demand breath samples at your home. Well guess what, it's happened and good to see the judge disagrees with the new law.

Note this is not in Calgary but shows that it can and will happen anywhere given enough time.

https://globalnews.ca/news/5326941/n...-breathalyzer/
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Old 05-31-2019, 10:52 AM   #404
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So IIRC there was quite a debate about whether police would actually act on the part of the law that said they could demand breath samples at your home. Well guess what, it's happened and good to see the judge disagrees with the new law.

Note this is not in Calgary but shows that it can and will happen anywhere given enough time.

https://globalnews.ca/news/5326941/n...-breathalyzer/
Nik already summed this up as best as possible.

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IF yOU arEn'T brEAkiNG thE LAw YoU hAve NOThinG to WoRRy AboUT!!!!!
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Old 05-31-2019, 11:49 AM   #405
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I'm still amazed that part was written into law.
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Old 05-31-2019, 01:15 PM   #406
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So IIRC there was quite a debate about whether police would actually act on the part of the law that said they could demand breath samples at your home. Well guess what, it's happened and good to see the judge disagrees with the new law.

Note this is not in Calgary but shows that it can and will happen anywhere given enough time.

https://globalnews.ca/news/5326941/n...-breathalyzer/
Guys, you're just fear mongering.

Everyone in this thread who defended this law should hang their head in shame. If you are comfortable with what the police did here then move to Russia or china.
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Old 05-31-2019, 01:31 PM   #407
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There's a lot of these stories coming out now.

https://www.cbc.ca/news/canada/briti...test-1.5145184

I have done one breathalyzer once in my life, many years ago and I was floored with how difficult it was to set that thing off. I could see many seniors and people with respiratory issues having difficulty.
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Old 05-31-2019, 01:37 PM   #408
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I'm still amazed that part was written into law.
It's amazing what they can get into constitution when they want to.....
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Old 05-31-2019, 01:39 PM   #409
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It's amazing what they can get into constitution when they want to.....
It's not part of the constitution and there are legal opinions out there that have suggested it's going to get tossed because it violates the Charter.
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Old 05-31-2019, 01:47 PM   #410
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It's not part of the constitution and there are legal opinions out there that have suggested it's going to get tossed because it violates the Charter.
I guess my point was, the government just easily crammed this garbage through into law without any pushback.
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Old 05-31-2019, 01:52 PM   #411
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I guess my point was, the government just easily crammed this garbage through into law without any pushback.
Yeah, well this tends to be a common thing with governments these days. I don't know if this was done as part of an omnibus bill or if it was done as its own bill but I'd be curious to know what the vote breakdown was on 1st, 2nd reading, etc.

I'm always astounded when governments enact these types of laws that are just ripe for Charter challenges. Have they just received poor counsel or did they ignore their lawyers and just hope for the best? It's not even a party-specific thing either as all of them seem to do it. The Harper Conservatives had a tremendously poor record on Charter challenges.
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Old 05-31-2019, 01:58 PM   #412
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Yeah, well this tends to be a common thing with governments these days. I don't know if this was done as part of an omnibus bill or if it was done as its own bill but I'd be curious to know what the vote breakdown was on 1st, 2nd reading, etc.

I'm always astounded when governments enact these types of laws that are just ripe for Charter challenges. Have they just received poor counsel or did they ignore their lawyers and just hope for the best? It's not even a party-specific thing either as all of them seem to do it. The Harper Conservatives had a tremendously poor record on Charter challenges.
Like the NDP's unconstitutional beer markup. Anyway, I'm derailing. This law is garbage.
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Old 05-31-2019, 02:00 PM   #413
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Like the NDP's unconstitutional beer markup.
I'm less familiar with that one because I don't live in Alberta but sounds like it was in that wheelhouse.
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Old 05-31-2019, 03:57 PM   #414
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There's a lot of these stories coming out now.

https://www.cbc.ca/news/canada/briti...test-1.5145184

I have done one breathalyzer once in my life, many years ago and I was floored with how difficult it was to set that thing off. I could see many seniors and people with respiratory issues having difficulty.
I agree, I have done them twice and the amount of air and force you need surprises me.
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Old 05-31-2019, 03:59 PM   #415
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So IIRC there was quite a debate about whether police would actually act on the part of the law that said they could demand breath samples at your home. Well guess what, it's happened and good to see the judge disagrees with the new law.

Note this is not in Calgary but shows that it can and will happen anywhere given enough time.

https://globalnews.ca/news/5326941/n...-breathalyzer/
I heard a segment on this and it was not the judge that got her off, it was because the accused recorded the officer with her phone, and then the officer made some clerical errors in his report. She may very well have been convicted had she not recorded it.

This law is total BS and anyone defending it is crazy.
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Old 05-31-2019, 04:10 PM   #416
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This was brutally stupid legislation to begin with and as pointed out above, anyone who defended it the day it was made public should really take stock of those beliefs.

It really is complete totalitarianism to be able to walk into someones house and give them a breathalyzer and when they test positive hours after they were last driving...charge them for it.

Its unconstitutional, a complete decimation of rights and freedoms we are supposed to be based on and financially crippling for many...but hey...safer roads somehow.

So many stupid things from this party, its mind boggling.
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Old 05-31-2019, 05:01 PM   #417
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This was brutally stupid legislation to begin with and as pointed out above, anyone who defended it the day it was made public should really take stock of those beliefs.

It really is complete totalitarianism to be able to walk into someones house and give them a breathalyzer and when they test positive hours after they were last driving...charge them for it.

Its unconstitutional, a complete decimation of rights and freedoms we are supposed to be based on and financially crippling for many...but hey...safer roads somehow.

So many stupid things from this party, its mind boggling.
I just went and looked at the votes on the bill and it was exclusively supported by the Liberals and the Bloc. You know you effed up when the Conservatives, NDP, and Greens all agree it sucks.
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Old 05-31-2019, 05:36 PM   #418
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I heard a segment on this and it was not the judge that got her off, it was because the accused recorded the officer with her phone, and then the officer made some clerical errors in his report. She may very well have been convicted had she not recorded it.

This law is total BS and anyone defending it is crazy.
Heard this as well. Pretty scary, and she is out a pile of loot fighting it too.
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Old 07-06-2019, 02:17 PM   #419
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Just a reminder from the completely over reaching government of Justin Trudeau.




Just mind boggling.
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Old 07-06-2019, 02:43 PM   #420
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Just a reminder from the completely over reaching government of Justin Trudeau.




Just mind boggling.
They deleted that tweet and replaced it with this one:

https://twitter.com/user/status/1147501093687046144

Justice Canada must know how stupid this law is when they can't even admit what it actually makes illegal.
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