Letting People Know What Kinds Of Impaired Driving Are There

It is well known that drinking and driving are a bad mix. Many people die every year from someone having a few drinks, and then getting behind the wheel. But this is not the only way a driver can be Impaired driving. Actually, there are many ways and most people don’t even realize that they are doing it. Anything that can affect the judgment of a driver is considered impairment and everyone needs to ask themselves what kinds of impaired driving are there, and then find the answers before they get in the car.

Of course, there is drinking and driving. Most people who drink and drive feel that they are not intoxicated and can drive safely. The fact of the matter is that just a little alcohol can affect a person’s reaction time and judgment when dealing with decisions made on the road. Drinking should never be an activity that one does without knowing that they have a ride home.

People can become impaired from the medication that they are taking. Prescription medication is often the culprit in many auto accidents. Millions of people are taking daily medications and do not think twice about how it may affect them as a driver. When an accident happens, they don’t even consider that their medications could have played a part in their delayed reactions while driving. Be very aware of the medications that you are taking, and make sure that it will not affect you in this manner.

There are those who take the occasional pain killer for that achy back that bothers them from time to time. Pain killers can also affect people this way. It slows down the reactions to situations that would otherwise need a quick thinker. It can impair judgment and the availability of someone to be more clear in the decisions that they are making.

Sleep deprivation can be devastating to a driver. There are reports all the time about people driving off the freeway, or truckers falling asleep at the wheel. People need eight hours of sleep every night. If they are not getting that, they are sleep deprived and this can easily affect their driving abilities.

Using a cell phone has not only caused terrible accidents, but have been the cause of many deaths. Texting is even worse as the driver has to literally take his eyes off of the road to do it. This distraction, no matter how innocent, can be detrimental to others on the road. It can all wait until your home and out of the car to talk, text or do anything else that needs extra attention. When in the car, focus on the task at hand to remain as safe as possible.

Distractions while driving are unacceptable. If there is something that needs to be said or done, do it before you get in the car. That way, your total attention will be with the task at hand, driving to the destination and getting there in one piece.

It is the responsibility of all of us to get into our cars and drive in the safest manner possible. Nothing is more important than knowing we are sharing the road with others, and our full attention needs to be on driving and the ability to react and correct ourselves in a timely manner. Don’t take chances with your life, or the lives of others. For those who don’t realize what kinds of impaired driving are there, do a little research so that you are clear. It will help everyone stay safe.

Impaired driving is a crime, take it seriously and hire Impaired Driving Lawyers, keep a clean criminal record.

Guilty Of DUI For Operating A Wheelchair While Impaired In Canada

Did you know that in Canada, our DUI laws can result in being arrested and found guilty for operating a motorized scooter while drunk?

Yes, and the reason is section 2 of Criminal Code defines a \”motor vehicle\” to mean any vehicle that is drawn, propelled or driven by any means other than muscular power.

In R. v. Shanahan the accused while drunk in a motorized scooter crossed a road. While doing so, the police saw him and pulled him over. He failed a breathalyzer (approved screening device), and was arrested for DUI.

One piece of important information in this case is the defendant could move about on his own some – approximately one hundred to one hundred and fifty meters.

The Ontario Court hearing the case found that a motorized personal device, such as a personal device is a motor vehicle under the Criminal Code. However, the defendant then made an application under section 15 of the Charger arguing his equality rights were breached.

The section 15 Charter breach hearing (equality rights) dealt with these two issues.

1. Were the accused\’s section 15 equality rights breached?

J.D. Wake J. held that the Canada DUI laws (section 253 of the Criminal Code) does not make a distinction between people reliant on motorized wheelchairs and people who don\’t need motorized scooters.

Equality rights assessments use a comparator group. In this case the comparator group were all able-bodied persons who drank too much alcohol. This was the critical finding – the Court held because the accused was not completely immobile that he was not disadvantaged compared to the comparator group.

Moreover, able-bodied people who walk in public while drunk can be arrested and convicted for mischief – therefore lessening any distinction even more.

2. What about the dignity of the defendant under s. fifteen of the Charter?

The honourable judge found the following regarding the accused\’s dignity.

\”The argument in favour of striking down s.253 seems to be that the dignity of a disabled person can only be sustained if he is afforded the right to behave with a lack of dignity. In my view s.15 of the Charter should not be used to support the result of such inverted reasoning.\”

At the end of the day, Canada DUI laws mean a person cannot be drunk while operating a motorized wheelchair.

Considerations:

This specific case involved someone not totally disabled. Therefore, the outcome could be different if a person was 100 percent disabled.

Is it possible a person could be found guilty of our DUI laws if while on pain medication used a motorized wheelchair?

Given Canada\’s DUI laws that you can be convicted seated in the driver\’s seat of a car not moving, could this happen if not moving in motorized wheelchair?

Want to find out more about defending a DUI, then visit Metro Vancouver criminal lawyers Dykstra & Company, where you can read more information written by MetroVancouver lawyer Jon Dykstra.