When the drinking and driving laws were tightened up in Saskatchewan in 1996 a couple of the highlights were that the blood alcohol content (BAC) for 24-hour roadside suspensions was reduced to .04 from the previous level of .06 and education and addictions screening requirements were introduced for drivers who exceed .04.
The Criminal Code (federal law) BAC for all drivers remained at .08.
This is the level at which drivers can be fined, convicted and/or charged under the Criminal Code.
On two occasions following that change, I huffed and puffed and blew just over .04. Because the two occasions fell within a three year window, my license was suspended until I attended an addictions screening and education weekend.
I was angry. I wasn’t a drunk driver or a danger to others. I was just a 30 some year old guy who got stopped and blew .04 after having one drink over ninety minutes previous to the stop.
Looking back now, I see the wisdom of the program. I didn't lose my license but I saw things, heard things and spoke to people that blew my mind opening my eyes to the true dangers of drinking and driving and have not driven after having a drink since. I don’t compliment the Government very often, but sincere thanks from me to Mr. Serby and friends on that one.
That’s not my point today though. My point today is equitable and uniform enforcement. I have a friend, a very pretty-25 year old lady. In the last four years, she has been pulled over at least three times, not in stop checks, but for erratic driving behavior. In all three instances she has been over .04, in fact once, the only recollection of the entire evening was the encounter with the police. The other common thread between the stops was she was (proudly)able to talk her way out of all of them with nothing but a stern warning by the officer.
Last night it happened again. Don’t get me wrong…I’m glad that she did not lose her license, I’m glad she didn’t lose her car, I’m glad she was able to drop her son off at the sitter on time this morning and above all I’m glad that she and everyone she crossed paths with is alive today.
What I would like to know is how she is able to do it. Police officers wear a uniform, indicating that their behavior might be the same…uniform. Most parents are familiar with the concept of “uniform” or “hot stove” discipline. If you touch a hot stove you will be burned every time, regardless of who you are…why does the same not apply to drinking and driving? Police should have no “wiggle room” in this situation; it is the exclusive domain of the court to sort out the legal details and decide if a conviction is warranted.
Where would the responsibility lay if she would have been involved in an accident after her encounter with John Law? Would the officer be liable for allowing her to drive while impaired?
I know a lot of cops. Good cops. Cops doing their job…all of their job. Every day of the week. It only takes a few stories like this to sully the reputation of the professionals. Recent news events relating to taser use, police testimony and handling of evidence certainly underscore my point.
I’m not angry that I got stopped and charged, it was my decision to let it happen. I am disappointed that the ability to get a “free pass” even exists, I am disappointed that the officer deprived her of the opportunity to learn what I did during my addictions screening and education weekend and I can’t help entertaining the thought that due to police behavior that is clearly not “uniform” that my pretty, blonde, 25 year old girlfriend may have a better shot at talking her way out of a ticket than I do.
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