What is Impaired Driving?
Impaired driving occurs when a person has an alcohol concentration of .06 or .07. If the person has committed some type of traffic violation, and their driving has caused danger to the Public. The punishment ranges up to $500 fine and up to 6 months in jail, and in Oklahoma City Municipal Court, $1,200 fine and up to 6 months in jail. If the charge is filed in the District Court, the maximum fine is $500 and up to 6 months in the County Jail.
The Canadian impaired driving prohibited level of impairment may be slight. In R. v. Stellato, 78 C.C.C. (3d) 380, the issue was whether or not Canada’s impaired driving offence required that the driver’s conduct demonstrated a marked departure from that of a normal person. Chief Justice Lamer of the Supreme Court of Canada agreed with the views of Mr. Justice Labrosse for the Ontario Court of Appeal: “I agree with Mitchell J.A. in Campbell that the Criminal Code does not prescribe any special test for determining impairment. In the words of Mitchell J.A., impairment is an issue of fact which the trial judge must decide on the evidence and the standard of proof is neither more nor less than that required for any other element of a criminal offence: courts should not apply tests which imply a tolerance that does not exist in law. In all criminal cases the trial judge must be satisfied as to the accused’s guilt beyond a reasonable doubt before a conviction can be registered. Accordingly,
