DRUNK DRIVERS
Drunk drivers avoid charges
Charges reduced
LOUIE ROSELLA
Dec 8, 2004
Police aren't charging all Mississauga drivers who blow over the legal alcohol limit for fear it won't lead to a conviction in court.
Both Peel Regional Police and Ontario Provincial Police (OPP) from the Port Credit detachment admit their roadside testing devices are modified to register a failing mark only if a driver blows over 0.1 grams of alcohol per 100 milliliters of blood.
However, in Canada, the Blood Alcohol Concentration (BAC) legal limit is actually lower. A drinking driver is breaking the law when blowing over 0.08.
Police say they are setting their testing devices higher because they are handcuffed by the courts. Crown attorneys won't prosecute drivers who barely blow over because, police say, a conviction is far from a sure thing.
Currently, if a driver blows between 0.05 and 0.1, police say they will take away the driver's license for the night.
"We are still accomplishing the main goal, and that's taking these drivers off the road," said Port Credit OPP Sgt. Bob Elinesky yesterday.
Peel police sources say the roadside devices have been set high for several years, for a number of reasons.
If a driver were to blow slightly over 0.08 on the roadside device, his BAC would drop significantly by the time he takes a formal breathalyzer test at the police station.
Also, police say, crown attorneys aren't even prosecuting cases where the alcohol level is between 0.08 and 0.11.
Police say these are considered to be low readings and are too often scrutinized by defense lawyers in court. "Right now a lot of those charges are being plea-bargained down to careless driving charges, and obviously that's a great concern for us," said Andrew Murie, national executive director of Mississauga-based Mothers Against Drunk Driving. "It's just plain wrong that there are people out there blowing over the legal limit and getting nothing but a 12-hour suspension."
Murie said this sanction "lacks any teeth."
"It's a mere inconvenience for them to lose their license for 12 hours," he said. "They need to lose their license for longer, for several days. That will act as a deterrent."
Police say defense lawyers will often question the accuracy of the breathalyzer, and that is a strong argument, especially if a toxicologist testifies.
Peel criminal lawyer Gary Batasar said judges have acquitted his clients charged with drunk driving in the past because he has presented "evidence to the contrary" of a breathalyzer reading.
THERE ARE PEOPLE OUT THERE BLOWING OVER THE LEGAL LIMIT AND GETTING NOTHING BUT A 12-HOUR SUSPENSION
"If the judge receives credible evidence from a toxicologist and the defendant (that the alcohol reading may have been much lower), he will be left in some doubt with regards to the breathalyzer," he said.
As of yesterday, Peel police have charged 65 people with drunk driving during their Christmas RIDE campaign. They have issued another 187 12-hour license suspensions.
THE MISSISSAUGA NEWS
Charges reduced
LOUIE ROSELLA
Dec 8, 2004
Police aren't charging all Mississauga drivers who blow over the legal alcohol limit for fear it won't lead to a conviction in court.
Both Peel Regional Police and Ontario Provincial Police (OPP) from the Port Credit detachment admit their roadside testing devices are modified to register a failing mark only if a driver blows over 0.1 grams of alcohol per 100 milliliters of blood.
However, in Canada, the Blood Alcohol Concentration (BAC) legal limit is actually lower. A drinking driver is breaking the law when blowing over 0.08.
Police say they are setting their testing devices higher because they are handcuffed by the courts. Crown attorneys won't prosecute drivers who barely blow over because, police say, a conviction is far from a sure thing.
Currently, if a driver blows between 0.05 and 0.1, police say they will take away the driver's license for the night.
"We are still accomplishing the main goal, and that's taking these drivers off the road," said Port Credit OPP Sgt. Bob Elinesky yesterday.
Peel police sources say the roadside devices have been set high for several years, for a number of reasons.
If a driver were to blow slightly over 0.08 on the roadside device, his BAC would drop significantly by the time he takes a formal breathalyzer test at the police station.
Also, police say, crown attorneys aren't even prosecuting cases where the alcohol level is between 0.08 and 0.11.
Police say these are considered to be low readings and are too often scrutinized by defense lawyers in court. "Right now a lot of those charges are being plea-bargained down to careless driving charges, and obviously that's a great concern for us," said Andrew Murie, national executive director of Mississauga-based Mothers Against Drunk Driving. "It's just plain wrong that there are people out there blowing over the legal limit and getting nothing but a 12-hour suspension."
Murie said this sanction "lacks any teeth."
"It's a mere inconvenience for them to lose their license for 12 hours," he said. "They need to lose their license for longer, for several days. That will act as a deterrent."
Police say defense lawyers will often question the accuracy of the breathalyzer, and that is a strong argument, especially if a toxicologist testifies.
Peel criminal lawyer Gary Batasar said judges have acquitted his clients charged with drunk driving in the past because he has presented "evidence to the contrary" of a breathalyzer reading.
THERE ARE PEOPLE OUT THERE BLOWING OVER THE LEGAL LIMIT AND GETTING NOTHING BUT A 12-HOUR SUSPENSION
"If the judge receives credible evidence from a toxicologist and the defendant (that the alcohol reading may have been much lower), he will be left in some doubt with regards to the breathalyzer," he said.
As of yesterday, Peel police have charged 65 people with drunk driving during their Christmas RIDE campaign. They have issued another 187 12-hour license suspensions.
THE MISSISSAUGA NEWS
posted by Billy A @ Wednesday, December 08, 2004
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