sho_bc | 08-09-2015 10:12 PM | Quote:
Originally Posted by BallPeenHammer2
(Post 8669110)
As far as I've been informed, neither charges constitute as a indictable offence (serious doo-doos - correct me if I'm wrong, PO's). This is AT MOST a summary offence, which is the same thing given to you if someone wanted to charge you for shoplifting.
Relax. You'll be OK. | Ok. =) I'll address the Impaired portion, assuming that he was dealt with criminally (you still get a 90 day prohibition - Administrative Driving Prohibition - if dealt with criminally and you refuse to provide a sample, or blow over 80mg%, it just happens differently).
Impaired driving is a dual procedure/"hybrid" offence that can be proceeded with summarily or by way of indictment. It is up to Crown in BC how the case proceeds, if at all.
Having said that, a summary criminal conviction is still a criminal conviction and can land you with a Criminal Record. I say "can" because, believe it or not, just because you are convicted with something doesn't mean you automatically get a Criminal Record.
For Ferra/the other mis-informed people who would like to be properly informed (short of speaking with a lawyer):
Read Section 253 of the Criminal Code again. You can be charged for Impaired Operation of a Motor Vehicle and/or Impaired while over 80mg%. Two separate charges. You don't need to be over 80mg% to be charged with Impaired. Quote:
Section 253
(1) Every one commits an offence who operates a motor vehicle or vessel or operates or assists in the operation of an aircraft or of railway equipment or has the care or control of a motor vehicle, vessel, aircraft or railway equipment, whether it is in motion or not,
(a) while the person’s ability to operate the vehicle, vessel, aircraft or railway equipment is impaired by alcohol or a drug; or
(b) having consumed alcohol in such a quantity that the concentration in the person’s blood exceeds eighty milligrams of alcohol in one hundred millilitres of blood.
(2) For greater certainty, the reference to impairment by alcohol or a drug in paragraph (1)(a) includes impairment by a combination of alcohol and a drug.
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