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12-29-2017, 10:32 PM
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Join Date: Oct 2010
Location: carbon, ab
Posts: 13
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Between .05 and .08 fines
If your over .05 you have your vehicle towed and we impounded, but is there a fine with that also?
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12-29-2017, 10:49 PM
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Join Date: Nov 2009
Location: East Central Alberta
Posts: 8,315
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Sounds good to me. Hope a fine is included. From what little I’ve heard about this initiative, criminal charges will be discretionary for over .08?
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12-29-2017, 10:59 PM
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Join Date: Dec 2008
Location: Camrose
Posts: 45,482
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No fine, being penalized by having your vehicle towed and impounded is already excessive, considering that you do not have the right to a trial to defend yourself.
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12-29-2017, 11:03 PM
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Moderator
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Join Date: Aug 2012
Location: Wheatland County
Posts: 5,711
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.05 has always bothered me. Lots of folks .05 drive better than complete teetotallers.
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12-30-2017, 06:12 AM
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Banned
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Join Date: Oct 2013
Posts: 5,326
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Quote:
Originally Posted by roper1
.05 has always bothered me. Lots of folks .05 drive better than complete teetotallers.
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Yep.
Id bet that a .05 driver has never caused an accident because of the alcohol in the system. Even the .08 drivers are not the problem. It’s the 1.0 and above that are ruining it for the rest of us.
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12-30-2017, 06:38 AM
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Join Date: May 2007
Location: Calgary
Posts: 7,523
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The main issues I have with this law is that the federal law is .08. If AB wants to penalize drivers for operating a vehicle over .05, they should rally to have the federal law change and lower the BAC to .05.
I'm most opposed to AB's policy due to the fact you have no chance to defend yourself - you will be punished, whether you are guilty or not, and you are not allowed to defend yourself.
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12-30-2017, 10:50 AM
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Join Date: Apr 2010
Posts: 1,675
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Quote:
Originally Posted by roper1
.05 has always bothered me. Lots of folks .05 drive better than complete teetotallers.
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Yeah totally. Couple beers to relax and unwind makes driving so much more pleasant until you're singing along to the radio and run over a kid.
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12-30-2017, 10:59 AM
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Join Date: Apr 2010
Posts: 1,675
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Pretty simple. If you drink don't drive.
I live in a town of 600 people. Closest police station is 10 mins away. -40 last night and we walked 2 blocks home from a party. There was probably no cops out . My wife was probably ok to drive but it's not an option. We left our house with toques and mitts for the walk home.
Why risk it though?
Same as speeding and failing to stop. If you break the law expect to be penalized. If you don't agree with the law then take steps to change it.
I have zero sympathy for anyone getting a DUI there's no excuse.
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12-30-2017, 11:42 AM
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Moderator
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Join Date: Aug 2012
Location: Wheatland County
Posts: 5,711
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Quote:
Originally Posted by fitzy
Yeah totally. Couple beers to relax and unwind makes driving so much more pleasant until you're singing along to the radio and run over a kid.
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I'm thinking more along the lines of a beer @ lunch might put the wrong person over, I don't personally know anyone who .05 has them drunk enough to sing. As far as running over pedestrians, I believe sober people do it more.
FTR I don't drink & drive, but I've seen some very poor drivers that don't either.
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12-30-2017, 07:37 AM
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Join Date: Aug 2008
Location: Between the mountains and the prairies.
Posts: 1,949
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Quote:
Originally Posted by elkhunter11
No fine, being penalized by having your vehicle towed and impounded is already excessive, considering that you do not have the right to a trial to defend yourself.
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Low hanging fruit... going after criminals is hard!
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12-30-2017, 08:28 AM
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Join Date: Dec 2012
Location: At the end of the Thirsty Beaver Trail, Pinsky lake, Alberta.
Posts: 24,847
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Quote:
Originally Posted by elkhunter11
No fine, being penalized by having your vehicle towed and impounded is already excessive, considering that you do not have the right to a trial to defend yourself.
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You had a choice but chose to pour another drink down the hatch...how do you defend against that....push the drink away....gotta think for yourself or the police will do the thinking for you.
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12-30-2017, 08:34 AM
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Join Date: Jan 2009
Location: Edmonton, Alberta
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Quote:
Originally Posted by 58thecat
You had a choice but chose to pour another drink down the hatch...how do you defend against that....push the drink away....gotta think for yourself or the police will do the thinking for you.
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Couldn't agree more.
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12-30-2017, 08:43 AM
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Join Date: Dec 2008
Location: Camrose
Posts: 45,482
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Quote:
Originally Posted by 58thecat
You had a choice but chose to pour another drink down the hatch...how do you defend against that....push the drink away....gotta think for yourself or the police will do the thinking for you.
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Are you going to tell us that every single person accused of impaired driving is guilty? Are you going to tell us that the portable roadside test equipment is always in perfect calibration, and never fails to operate properly? If that is the case, why are people accused of .08 taken in for further testing, and not charged with a criminal offense based solely on the roadside test equipment? Some people have the idea that because the penalty is less, you aren't entitled to a trial, yet you are given a trial for minor offenses like exceeding the speed limit or rolling through a stop sign.
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12-30-2017, 08:53 AM
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Join Date: Aug 2008
Location: Between the mountains and the prairies.
Posts: 1,949
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The roll of the police is to uphold the law, not to be judge and jury.
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12-30-2017, 09:19 AM
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Join Date: Dec 2012
Location: At the end of the Thirsty Beaver Trail, Pinsky lake, Alberta.
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Quote:
Originally Posted by elkhunter11
Are you going to tell us that every single person accused of impaired driving is guilty? Are you going to tell us that the portable roadside test equipment is always in perfect calibration, and never fails to operate properly? If that is the case, why are people accused of .08 taken in for further testing, and not charged with a criminal offense based solely on the roadside test equipment? Some people have the idea that because the penalty is less, you aren't entitled to a trial, yet you are given a trial for minor offenses like exceeding the speed limit or rolling through a stop sign.
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Like I mentioned earlier, I know a few scumbags that were guilty and hired a scumbag lawyer that combed over everything, twisted everything to the point the court handed down a lesser sentence, looser forked out 10K to the scumbag lawyer and moved on, guilty as hell.
Police are going to police, for the most part protect us from many bad decisions that we common folk tend to make everyday, just some really cross the line and then in comes the police to put things back into prospective...someone has to do the thinking for stupid!
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12-30-2017, 12:44 PM
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Join Date: Feb 2010
Location: In the woods
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Quote:
Originally Posted by elkhunter11
Are you going to tell us that every single person accused of impaired driving is guilty? Are you going to tell us that the portable roadside test equipment is always in perfect calibration, and never fails to operate properly? If that is the case, why are people accused of .08 taken in for further testing, and not charged with a criminal offense based solely on the roadside test equipment? Some people have the idea that because the penalty is less, you aren't entitled to a trial, yet you are given a trial for minor offenses like exceeding the speed limit or rolling through a stop sign.
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I will tell you that .08 is an arbitrary number and just because your below .08 does not mean your not impaired and good to drive. I will also say that PBTs used on the side of the road are regularly calibrated, ours were done monthly, and they help solidify probable cause for an arrest however the unit used back at a jail or station is more complex and detailed providing a much more accurate reading.
But then that’s only what I’ve experienced in training and seen first hand in 4 years of law enforcement. What do I know. I’m just amazed so many people defend drinking and driving when it is responsible for more accidents and fatalities then firearms...
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12-30-2017, 09:06 AM
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Join Date: Jan 2009
Location: Brooks
Posts: 2,248
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ouch!
Quote:
Originally Posted by 58thecat
You had a choice but chose to pour another drink down the hatch...how do you defend against that....push the drink away....gotta think for yourself or the police will do the thinking for you.
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Couldn't disagree more!
The .05 rule was a "feel-good" law brought in as a vote-getter. Do you really mean to tell anyone that .05 drivers are a hazard? Might as well push back for prohibition days! Ridiculous.
By FEDERAL LAW, I am not impaired until .08. The precedent was already established long ago. Give it a rest.
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12-30-2017, 09:14 AM
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Join Date: Dec 2012
Location: At the end of the Thirsty Beaver Trail, Pinsky lake, Alberta.
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Quote:
Originally Posted by oldgutpile
Couldn't disagree more!
The .05 rule was a "feel-good" law brought in as a vote-getter. Do you really mean to tell anyone that .05 drivers are a hazard? Might as well push back for prohibition days! Ridiculous.
By FEDERAL LAW, I am not impaired until .08. The precedent was already established long ago. Give it a rest.
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Like I said you make a choice and then live with it, really simple stupid but we push the limits every time and when the police do the thinking for us they are the ones who are blamed for our bad decisions...always surrounded with excuses.
Yes faulty equipment, yes a mistake made, yes, yes, yes, but and yes the dreaded but and think real hard about this as I know the facts if we could dig that up would lean way over to the fact that for every 10000 idiots pulled over breaking the law maybe one, yes one was partially innocent...I'll take the odds to keep law and order to,our streets because if not the streets would run amuck with common folk being overwhelmed by criminals...think about it, hard.
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12-30-2017, 09:39 AM
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Join Date: Nov 2009
Location: East Central Alberta
Posts: 8,315
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Seems pretty simple to me ... the breathalizer is an unbiased scientific instrument. It is going to reveal if you have alcohol in your blood. Want to quibble over the degree of its accuracy at a roadside stop, you can always insist on a blood sample being tested. The “letting police be judge and jury” is a cop out argument most appealing to anti’s.
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12-30-2017, 10:24 AM
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Join Date: Feb 2012
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Quote:
Originally Posted by 58thecat
You had a choice but chose to pour another drink down the hatch...how do you defend against that....push the drink away....gotta think for yourself or the police will do the thinking for you.
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agree^^
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12-30-2017, 08:56 PM
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Worse yet, start the car so you don’t freeze to death, and go to sleep in the back seat.
I have done this, but thanks to the lack of rural policing I didn’t get arrested.
Funny, I don’t regret breaking that law.
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12-30-2017, 09:15 PM
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Join Date: Jan 2010
Location: Calgary
Posts: 4,340
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Quote:
Originally Posted by Dewey Cox
Worse yet, start the car so you don’t freeze to death, and go to sleep in the back seat.
I have done this, but thanks to the lack of rural policing I didn’t get arrested.
Funny, I don’t regret breaking that law.
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x2....I did the same but I had the command start so I could warm up and the truck would shut off after 15 minutes.
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12-30-2017, 09:21 PM
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Location: McBride/Prince George
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Quote:
Originally Posted by kevinhits
x2....I did the same but I had the command start so I could warm up and the truck would shut off after 15 minutes.
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I’d suggest hiding the keys somewhere nearby and use command start. No keys no charge. Good idea for winter bar parking lot napping. Lol
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12-30-2017, 11:03 PM
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I think everyone has had the opportunity to express themselves. All sides have been expressed. It has also generated complaints that are valid. Now is a good time to wind this one up before it gets away on us.
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