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Judge won’t stay licence suspensions for drivers building constitutional challenge

http://www.edmontonjournal.com/news/edmonton/Judge+stay+licence+suspensions+drivers+building/7987135/story.html

…”Tyanna Jackson, 25, was charged in July 2012 after police woke her as she slept in her Pontiac Sunfire in the parking lot of her friend’s apartment building. The youth care worker had been drinking and decided to sleep in her car rather than drive, according to her affidavit filed with the court.

“I co-operated with the police to the best of my ability,” Jackson’s affidavit states.

Jackson’s licence is now suspended until July, a year after her charge, which would be the earliest time she could get a court date to plead not guilty.

The suspension derailed Jackson’s plans to finish the last year of her degree at the University of Alberta and she has difficulty commuting to her workplace, 40 minutes by car from her current home in Goodfish Lake.

Darren Davidson was arrested last August after police found him intoxicated in his car in the parking lot of the Century Park LRT Station. He had taken the train from a Metallica concert at Rexall Place. According to his affidavit, he needed to retrieve his cellphone from his car to call for a ride.”…

I’m going to weigh in on this debate with my expert opinion – nope not humble here.

In my opinion if the drivers in these situations are charged and have their licenses suspended for a year, then it is UNCONSTITUTIONAL – PERIOD.

Why – because they have clearly demonstrated the presence of mind NOT TO DRIVE UNDER THE INFLUENCE and their vehicles are parked.

It would have been another entirely different matter had they been driving under the influence under the new laws and had caused an accident or driven in such a state as to without doubt have caused one.

There is a huge distinction here – innocence in this case is paramount where one is not driving and the other is. Especially if passed out and even if the vehicle is in a running state given the outside weather conditions and possible body heat loss. If you think you are cold and start the car but don’t drive it, then you have enough presence of mind to know the difference between doing the right thing and breaking the law.

With all due respect to the ruling and Judge in this matter I would appeal to a higher court unless there is sufficient evidence to indicate otherwise.

The law is the law in democratic countries – presumed innocent especially in clear cases such as the above. Either the definition of the presumption of innocence in law is changed or this new law is.

Both cannot pertain to be correct when it is clear that they are working in opposite directions and contrary to the establishment and rule of precedent laws meant to protect the right of those accused within Canada and for that matter any other democracies before their day in court and pronouncement of sentence if found guilty.