Quote:
Originally Posted by taylor192 It all depends on how it is struck down, yet in this case you are correct the old law now takes affect.
To add to this is not a "win":
For those who FAIL the crown has the option of pursuing criminal charges or not. Under the struck down law those who FAIL are immediately punished, 90 day suspension, 30 day impound. Thus the crown may not decide to pursue first time offenders seeing as how they've been punished already. Instead now the crown should (and I suspect will) pursue all criminal drunk drivers.
That's my opinion, not fact - yet I really hope they throw the book at them in court. They challenged this law to get around the harsh roadside punishments, which I thought were reasonable for people blowing > 0.1 BAC, so lets show them how harsh the criminal punishment is instead. |
Yes and no.
Atleast this way now, there is a way to fight your charges. Even if they are charged with DUI, it requires a lot more work on the peace officer. Which is why i suspect that they do not go press charges unless it's a multi-offender. And i mean multi.
Everything has to be documented correctly, the breathalyzer has to show if you're over the legal limit. Or lawyers are going to have a field day pwning cops if they try what they are trying now.
"I'm no going to press charges, but here's a 90 days suspension, 30 days impound, consider yourself lucky."
It's really more like, they don't want to do all the paper work.