Driving Offences Essay, Research Paper
My research paper is on "Drinking and Driving Offences". In my paper I will tell you the various kinds of drinking and driving offences, the penalties, and the defenses you can make if you are caught drinking and driving.
Let me tell you about the different offences. There are six offences in drinking and driving. They are "driving while impaired", "Having care and control of a vehicle while impaired","Driving while exceeding 80 m.g.", "Having care and control of a vehicle while exceeding 80 m.g.", "Refusing to give a breath sample", and "Refusing to submit to a roadside screen test." These are all Criminal Code Offences.(Erwin p17)
Now lets talk about the penalties of drinking and driving. The sentence for refusing to give a breath sample is usually higher than either of the exceeding 80 m.g. offences. Consequently it is usually easier in the long run for you to give a breath sample if asked. If, for example you are convicted of "Refusing to give a breath sample" for the first time, but was earlier convicted of "Driving while impaired", your conviction for "Refusing" will count as a second conviction, not a first,and will receive the stiffer penalty for second offences.(Erwin p18)
For the first offence here is the penalty and the defenses you can make. Driving a vehicle while your ability to drive is impaired by alcohol or drugs is one of the offences. Evidence of your condition can be used to convict you. This can include evidence of your general conduct, speech, and ability to walk a straight line or pick up objects. The penalty of the first offences is a fine of $50.00 to $2000.00 and/or imprisonment of
up to six months, and automatic suspension of license for three months. The second offence penalty is imprisonment for fourteen days to one year and automatic suspension of license for six months. The third offence penalty is imprisonment for three months to two years (or more) and automatic suspension of license for six months. These penalties are the same for the following offences.(Purich p22)
"Having Care and Control of a Motor Vehicle while Impaired" is another offence. Having care and control of a vehicle does not require that you be driving it. Occupying the driver’s seat, even if you did not have the keys, is sufficient. Walking towards the car with the keys could be sufficient. Some defenses are you were not impaired, or you did not have care and control because you were not in the driver’s seat, did not have the keys, etc. It is not a defense that you registered below 80 m.g. on the breathalyzer test. Having care and control depends on all circumstances.(Purich p24)
Driving While Exceeding 80 m.g. is the next offence. Driving a vehicle, having consumed alcohol in such a quantity that the proportion of alcohol in your blood exceeds 80 milligrams of alcohol in 100 milliliters of blood. Some defenses are the test was administered improperly, or the breathalyzer machine was not functioning properly.(Erwin p20)
"Having Care and control of a Motor Vehicle while Exceeding 80 m.g," is the next offence I will talk about. This offence means having care and control of a vehicle whether it is in motion or not, having consumed alcohol in such a quantity that
the proportion of alcohol in your blood exceeds 80 milligrams of alcohol in 100 milliliters of blood. The defenses are the test was administered improperly, or the breathalyzer machine was not functioning properly. To defend against breathalyzer evidence you must understand how the test should be administered. The proper procedure for a breathalyzer test is as follows. Warming up the machine until the thermometer registers 50 degrees centigrade. This should take at least 10 minutes. The machine should then be turned to zero (by using the "adjust zero control") and a comparison ampoule (of normal air) inserted. If the metre remains at zero, the test can proceed. An ampoule with a standard solution is then inserted. If the metre reads high or low by more than .02% on two successive tests, the machine should not be used. If the trial is valid, the machine should be flushed with room air and the pointer set at start. You will then be asked to provide two breath samples, about fifteen minutes apart. Normally they will take the result of the lowest result and use it as evidence against you.(Erwin p23)
"Refusing to Give a Breath Sample" means refusing without a reasonable excuse to give a sample or refusing without a reasonable excuse to accompany a police officer, when demanded by the police officer. Before demanding by the police officer, he
must have reasonable and probable grounds to believe that you are committing or at any time in the preceding two hours have committed, one of the offences of driving or having care and control of a vehicle while impaired or while having a blood alcohol level in excess of 80 m.g. You can refuse to give a breath sample until you have communicated in private with your lawyer even if this takes you beyond the two hour period, unless it is shown that your request for a lawyer was not genuine and merely to delay the testing. The test can be done after the two-hour period, but a technician must testify in court as to what your blood alcohol would have been in the two-hour period. You cannot refuse to accompany the officer until you see your lawyer. You can argue that the officer didn’t have reasonable and probable grounds to suspect you, but this however depends on the circumstances.(Highway Traffic Law)
"Refusing to submit to a Roadside Screening Test" is the last offense. When you commit this offense you are refusing without reasonable excuse to give a breath sample for a roadside screening device, or refusing without reasonable excuse to
accompany a police officer for the purposes of giving such a sample, when demanded by an officer. Before the officer demands a breathalyzer he must reasonably suspect that you have alcohol in your blood.
The maximum penalties for impaired driving causing bodily harm to someone is up to 10 years in prison and up to a 10 year prohibition from driving. The maximum penalties for impaired driving causing death is up to 14 years and a 10 year prohibition
from driving. The maximum penalty for manslaughter and criminal negligence causing death is up to life in prison and up to a lifetime prohibition from driving.(Purich p31)
I think that these penalties for all the drinking and driving offences are very appropriate, but I think impaired driving causing death should be a lifetime imprisonment. All these offences should be taken seriously and no one should try and get around the law. The law is here for are protection on the rode and obey them and you should be safe.
Другие работы по теме:
Drunk Driving Essay Research Paper Every year
Drunk Driving Essay, Research Paper Every year almost 20,000 people are killed in accidents involving people (or persons) under the influence of alcohol or drugs. That means that someone is killed from
Sterotyping Essay Research Paper I belong to
Sterotyping Essay, Research Paper I belong to that classification of people known as the stereotypical teenager. I am a teenager, not altogether incidentally I am a good kid. People often stereotype teenagers as terrible. That s not fair for the teenagers that aren’t inferior.
East Francia Economy Essay Research Paper Booty
East Francia Economy Essay, Research Paper Booty, tribute and lan had been driving force of Eastern Empire revival on 8th century, contued in ninth century.? But also general population increase after
Drunk Driving Essay Research Paper Can you
Drunk Driving Essay, Research Paper Can you imagine been a parent and knowing the you will never see you kid alive because some one decided to have to much to drink and then trying to drive. In the USthere were 41,471 traffic deaths in 1998 and 15,935 deaths were caused by drunk drivers. There were 1,393 traffic deaths in Illinois alone. 599 deaths caused by people who tried to drive when they were drunk.
Drink Up Essay Research Paper Drink UpDrunk
Drink Up Essay, Research Paper Drink Up Drunk driving should be legalized in the United States to help improve our standard of living. The legalization of driving while intoxicated would severely reduce the
Good Things About Oregon
’s New Driving LAw Essay, Research Paper Oregon?s new driving law is going to make a major difference The new law changes the ages of becoming a fully licensed driver. The new program goes in three steps instead of two
Teen Curfews Essay Research Paper William Plemons
Teen Curfews Essay, Research Paper William Plemons III New curfew for teens It was a very tragic moment last week when two teens died in driving accidents. One of the events happened to a student of a fellow G.I.S.A school. Now the main focus is on the future of teen driving. It is a very serious issue, which needs very serious reform.
Judith Herrin Carolingian Innovation From The
Formation Of Christendom Essay, Research Paper ?Through efforts Charlemagne?s father, Pippin, that dynasty dominated majority Western Europe ? strong position, Aquitaine problematic, continues his father, Cahrles Martel?s
Drinking And Driving Essay Research Paper ALCOHOL
Drinking And Driving Essay, Research Paper ALCOHOL is the most commonly used psychoactive (mind-altering) substance used in the United States. Ethyl alcohol is the active psychoactive drug found in alcoholic beverages. It is produced as a waste product of the fermentation of carbohydrates, and is consumed worldwide for the social and psychological effects it produces.
Underage Drinking Age 21 Essay Research Paper
Underage Drinking Why did the United States of America pass a law to increase the drinking age from 18 to 21? The answer is because increasing the drinking age to 21 has effectively reduced the percentage of alcohol related deaths throughout the country. It seems that at 18, youths are not mature enough to handle the responsibilities and consequences that result from the privilege of being able to legally drink alcoholic beverages.
Effiecent Freeway Driving Essay Research Paper Hate
Effiecent Freeway Driving Essay, Research Paper Hate Crimes To what extent is a crime a hate crime? Aren t all crimes to some extent hate crimes? Should the consequences for a crime committed against a minority be more than that for one against a white person? The purpose for classifying a crime as a hate crime might be to raise awareness in the public to the intolerance against minorities but I believe the punishment should fit the crime and not the reason for the crime.
Driving Age Essay Research Paper Driving Age
Driving Age Essay, Research Paper Driving Age How long did you have to wait to get your license, was it three weeks, six weeks maybe? Well, we have to wait 6 months after we get our permit. Now, you didn’t have to wait that long, did you. For the new bill that has passed in Kentucky says that students must wait six months to get their license after you turn sixteen.
Driving Age Limit Essay Research Paper The
Driving Age Limit Essay, Research Paper The Age Limit for Driving The age limit for driving among teenagers and the elderly should be changed for various reasons and the problems that are endured by these age groups should be looked at closer. The law should changed so that a teenager cannot receive their drivers license until they reach the age of 18 and the elderly should have to retake their driving test annually.
Senior Citizen Driving Essay Research Paper A
Senior Citizen Driving Essay, Research Paper A. Introduction One day, not long ago…I came out of my house to leave for work. On the way to my car I noticed the little old lady across the street walking to here
Driving Drunk Essay Research Paper Drunk Driving
Driving Drunk Essay, Research Paper Drunk Driving is becoming a major concern in our society today. Drunk driving is not a funny thing. It has killed many people and ruined the lives of many others.
The Road Essay Research Paper Oh how
The Road Essay, Research Paper Oh how many times i have driven this road with butterflies in my stomach, a gleam in my eye. Just knowing i was going to see you.
The Age For A Driver
’s License Essay, Research Paper Raising the minimum age for a driving license: Necessary or useless? The question about raising the minimum age for a driving license has been
Personal Narrative Essay Research Paper Once I
Personal Narrative Essay, Research Paper Once I was in a car with two of my friends. When we were speeding about 10 miles above the speed limit. When someone cut us off sending us over the median. Crashing straight into a Ford Explorer head on. My friend Jaime who was driving didn’t make it he flew out of the windshield and landed about 25 feet away.
Drinking And Driving Essay Research Paper
“DRINKING AND DRIVING OFFENCES” My essay is on “Drinking and Driving Offences”. In my essay I will tell you the various kinds of drinking and driving offences, the penalties,
Drinking And Driving Essay Research Paper Drinking
Drinking And Driving Essay, Research Paper Drinking and Driving is dangerous to yourself and others around you. Alcohol is a depressant, it impairs your ability to drive, slows down your reaction time and causes you to make some risky decisions that you wouldn’t normally take. The penalty for Drinking and Driving is Driving Under the Influence (DUI).
Drinking And Driving Essay Research Paper Cause
Drinking And Driving Essay, Research Paper Cause and Effect Driving a vehicle while under the influence of alcohol is one of the most dangerous things you can do. There is a mass of research evidence to show that driving performance and reaction times are seriously affected by alcohol. If you drink and drive, you are not only a danger to yourself but also to your passenger, other road users and pedestrians.
Walking And Driving Essay Research Paper Walking
Walking And Driving Essay, Research Paper Walking and Driving Walking is the motion of exerting energy. Driving is the usage of the foot to accelerate from the gas to the break or vice versa. How does walking compare to driving? Which one of the two gives a good feeling afterwards? Is there even a difference between walking and driving?
The Driving Age In Tennessee Essay Research
Paper The Driving Age in Tennessee The driving age should be raised to the age of eighteen for many reasons. The group of people at highest risk for having an automobile accident are those who are sixteen years of age. Many accidents within this age group can be attributed to
Driving Through Sawmill Towns By Les Murray
Essay, Research Paper A poem Driving Through Sawmill Towns written by Les Murray, describes what a Sawmill Towns is about and what its like. The scenery is basically a man driving his car through small towns surrounded by the forests. In sentences one through five has a small description of the paths taken to get to the Sawmill Towns.
Poem The Beach Essay Research Paper Ryan
Poem: The Beach Essay, Research Paper Ryan Hartney English 9 3/8/01 The Beach I have always liked the beach best Its fun in the sun for everyone You can have a picnic
Persuasive Essay Essay Research Paper Persuasive Essay
Persuasive Essay Essay, Research Paper Persuasive Essay Driving is a tremendous responsibility. I believe our state should have rigorous driving tests to make the roads safe for others. However I think most teenagers aren’t ready to accept
Elderly Driver Dangers Essay Research Paper What
Elderly Driver Dangers Essay, Research Paper What should be done to keep elderly drivers and others safe on the road? As society as a whole gets to be older and more older people are on the road, the safety for the older driver and the other motorists is becoming a problem we are all going to face. The ‘baby boomer’ generation is getting older.
18L Essay Research Paper A mammoth occurrence
18L Essay, Research Paper A mammoth occurrence is about to strike fear into the hearts of millions of teens as our world leaders decide their fate. Is it Godzilla? No. Is it a park of wild dinosaurs? No. The concept that has teen?s ages sixteen and seventeen terror-stricken is the possibility of a driving age change.
Driving Safety Essay Research Paper Driving Can
Driving Safety Essay, Research Paper Driving Can Be Dangerous Driving can be a dangerous endeavor. If you add speeding, drinking and driving or talking on the cell phone, it can become deadly. Speeding is one of the most common causes of traffic accidents. Alcohol is also a leading cause of deadly accidents.
Most Embarassing Moment Essay Research Paper My
Most Embarassing Moment Essay, Research Paper My most embarrassing moment that I am willing to share would have to be the time when I went to the Junior/Senior prom. I was a junior and my date was a senior. I decided that it would be cool to bring a six pack of beer along so that we could drink it before the dance. So were driving along and next thing I know, there is blue and red flashing lights in my rear view mirror.