Impaired Driving Legislation

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Introduction Canada has had a long history of fighting impaired driving, from when it was a summary conviction in the criminal code in 1921 to now, an indictable offence under the criminal code with maximum punishment of life imprisonment. Statistics Canada shows that the impaired driving rate went up three percent in 2007. This is a very serious topic and has affected millions of families who have lost loved ones due to impaired driving. DUI has always been a controversial issue as government continues to amend the law till now. Throughout this paper, the history of impaired driving legislation, the achievement of this legislation and a critical analysis of whether or not the legislation should be amended any further than it already is shall be highlighted. After discussing the above, one will be able to say that the impaired driving legislation, has brought in justice to the legal system of Canada. History of the Impaired Driving legislation in Canada As mentioned before, Canada has been dealing with impaired driving laws since the early 1920’s. In 1921, the summary offence driving while intoxicated was in the criminal code but was not strict. Any individual caught driving a motor vehicle while intoxicated was subject to a punishment of not more than thirty days and not less than seven days as a first time offender. A second time offender was subject to punishment not exceeding three months and not less than one month. A repeat offender with more than two separate incidences getting charged with the same offence will face a punishment not less than three months and not over one year. In 1930 impaired driving became a hybrid offence, meaning the Crown could decide whether he or she wants to precede the case by summary conviction or indictment. The punishments were not changed for hybrid convictions, however indictment conviction punishments were

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