Impaired Driving by Jane Hruska by Jane Hruska https://padlet.com/janehruska23/pes7wyxi0en Canadian information and media regarding Criminal Law: Impaired Driving. [Canadian Law GNED 1308: Final Term Assignment] en-us 2019-04-04 00:08:17 UTC 2025-04-01 17:10:40 UTC hello@padlet.com https://padlet-assets.s3.amazonaws.com/icons/Carfront.png Someone Waits For You At Home janehruska23 https://padlet.com/janehruska23/pes7wyxi0en/wish/348320997 Video #1: This is a short ad from Budweiser a couple of years ago. It promotes responsible drinking from a rather emotional perspective, pointing out that if you do this, you may never see your beloved animal friend(s) again. We are unaware of what has happened to the owner as we remain with the dog all night, and we get to view his painful and worrisome reaction. In the end, we discover he made the right choice (Budweiser, 2014). I was relieved. As both a dog and cat owner, I couldn't imagine doing this to them, let alone anyone directly/indirectly involved in a potential collision. It really made me think of the magnitude of this crime; it impacts a lot more than we initially think.]]> 2019-04-04 00:27:13 UTC https://padlet.com/janehruska23/pes7wyxi0en/wish/348320997 Yes Mum janehruska23 https://padlet.com/janehruska23/pes7wyxi0en/wish/348324086 Video #2: "Yes Mum" was one of two winners for the Make a Film, Make a Difference award. That year, young filmmakers were called to create a piece that would challenge young people's attitudes to driving and encourage them to look out for their mates. It takes you on a psychological and emotional ride; he spends almost the full duration of the video on the phone with his mom. We are shown colourful flashes of him and his friends drinking and partying while driving, but when we see his face, we are met with dull and almost monochromatic cinematography (which along with his facial expression, tells us something has gone wrong). He begins to tear up as we begin to realize it's much worse than we imagined. They slowly begin to descend underwater, as they are stuck in the car. They ultimately drown, due to drinking and driving (Burton, 2012). As we witness this innocent conversation with his mom and the emotions that are displayed as they realize it is coming to an end, we are struck with the horrific realization that this is the last conversation he will ever have with his mom, due to his inappropriate actions. Although my mom has passed, I could never imagine doing this to her, or my father. A mistake that could have been so easily avoidable has now cost him (and his mates) their lives, as well their family's happiness (assumably) and potentially their lives as well. ]]> 2019-04-04 00:42:18 UTC https://padlet.com/janehruska23/pes7wyxi0en/wish/348324086 "None of my children saw 10 years" janehruska23 https://padlet.com/janehruska23/pes7wyxi0en/wish/348327802 Video #3: This is Jennifer Neville-Lake, the mother of the three children as well as the daughter of the older man killed in the harrowing drunk-driving incident by Marco Muzzo. The video takes place right after receiving the news of Muzzo's sentencing. She describes her dissatisfaction - the fact that Muzzo received 10 years in jail. She cannot resist from drawing a connection to the daunting certitude - none of her children got to see 10 years. She discusses her nightmare decision of having to decide which child to let go first. She then pulls out a green booklet filled with photos of her father and mother that culminated with images of the crash and the urns filled with the ashes of her children. She recounts how choices connect to actions and consequences. She gives a brief synopsis of her life, leading to the day Muzzo made his mistake which resulted in an insufferable loss. She encourages the audience not to make the same mistake (CBC News, 2016).]]> 2019-04-04 01:00:35 UTC https://padlet.com/janehruska23/pes7wyxi0en/wish/348327802 MADD Canada janehruska23 https://padlet.com/janehruska23/pes7wyxi0en/wish/348328018 Website/Article #1: MADD stands for Mother's Against Drunk Driving. I'm sure you may have heard of them if any of you attended any sort of driving school. As I recall, I was shown a lot of videos produced by MADD that would essentially scare you into not participating in reckless impaired driving. It is a volunteered driven charitable organization, officially registered. The name provides a snippet of history; it was essentially created by those who were suffering and frustrated from situations caused by impaired driving. They do a number of things, including victim/survivor services, youth services, public awareness and education, public policy, as well as anti-impaired driving technology. They provide hard facts, powerful victim testimonials, volunteer opportunities, and so much more. They can be found on various social media sites for easy access: Facebook, Twitter, and Instagram. I would highly encourage checking them out. They deliver a lot of paramount information and opportunities (https://madd.ca/pages/).]]> 2019-04-04 01:01:38 UTC https://padlet.com/janehruska23/pes7wyxi0en/wish/348328018 Pardons Canada janehruska23 https://padlet.com/janehruska23/pes7wyxi0en/wish/348328226 Website/Article #2: The DUI page on Pardons offers a wide range of information. They start with the basics, move on to what happens if a conviction takes place, grey areas, what restrictions you have with a DUI record, and how you can receive a pardon/record suspension (Is DUI a Criminal Offence in Canada?, 2018).
It was quite interesting to digest.

I am profoundly sorry for the victims I've discovered throughout gathering content for this assignment. However, I'm a person who really believes in second chances. Therefore, I am not entirely sure of my exact stance. Do you have any thoughts or comments?]]> 2019-04-04 01:02:46 UTC https://padlet.com/janehruska23/pes7wyxi0en/wish/348328226 Canada's New Impaired Driving Laws janehruska23 https://padlet.com/janehruska23/pes7wyxi0en/wish/348328408 Website/Article #3: This article discusses the fairly recent changes to Impaired Driving laws which I'm sure you all have heard of. It was brought to attention that a change was required, as incident statistics have heavily increased - "According to federal statistics, an average of almost four people die in Canada daily due to impaired driving." As of December 18th, there is now a mandatory alcohol screening (whether suspicious action took place or not); no more "bolus drinking defence" (meaning alcohol hasn't been fully absorbed yet - now you cannot be over the limit within two hours of being behind the wheel); updated penalties (which are listed within the article). There is both heavy criticism and immense support to follow this change (Abedi, 2018).]]> 2019-04-04 01:03:43 UTC https://padlet.com/janehruska23/pes7wyxi0en/wish/348328408 Reflection janehruska23 https://padlet.com/janehruska23/pes7wyxi0en/wish/348328634 When you learn content as serious as this, there can be much to reflect on. It really altered my perspective. I was not aware that the numbers were so high, and that this was such an issue in our society. I am surprised that we are not undergoing more exposure. The incidents are unbelievably horrific. But it's crucial to believe. The way that someone can absolutely ruin lives just from one choice is so devastating. It is powerful to remember the consequences of your choices. Just because you've gotten away with it before, does not mean you will get away with it again. Please do not drive impaired.]]> 2019-04-04 01:05:00 UTC https://padlet.com/janehruska23/pes7wyxi0en/wish/348328634 R. v Muzzo, 2016 ONSC 2068 (CanLII) janehruska23 https://padlet.com/janehruska23/pes7wyxi0en/wish/348328887 Case Study:
In Vaughan, Ontario on September 25 2015, upon Marco Muzzo's return home from his bachelor party (in Miami), he decided he could drive himself home (with a blood alcohol consumption of 190-245/100 millilitres of blood). During this drive, he failed to properly stop at a stop sign and struck another vehicle on their driver's side. Gary Neville (65), Daniel Neville-Lake (9), Harrison Neville-Lake (5), and Milagros Neville-Lake (2) all died from injuries they sustained as a direct result of the collision, as well damages to those also in the van who's conclusion was not fatal. 

Muzzo immediately plead guilty without having had a preliminary inquiry. He was sentenced to 10 years behind bars as well as prohibition from driving after 12 years in addition to the period of imprisonment. He was convicted of multiple charges: 
  1. On Count 1, impaired driving causing the death of Gary Neville, to ten years in jail less credit for the equivalent of eight months of pre-sentence custody, leaving a sentence to be served of nine years and four months in the penitentiary
  2. On Count 2, impaired driving casing the death of Daniel Neville-Lake, to nine years and four months in the penitentiary concurrent
  3. On Count 3, impaired driving causing the death of Harrison Neville-Lake, to nine years and four months in jail in the penitentiary concurrent
  4. On Count 4, impaired driving causing the death of Milagros Neville-Lake, to nine years and four months in the penitentiary concurrent
  5. On Count 13, impaired driving causing bodily harm to Josefina Frias, to five years in the penitentiary concurrent
  6. On Count 14, impaired driving causing bodily harm to Neriza Neville, to five years in the penitentiary concurrent
[R. v Muzzo, 2016 ONSC 2068 (CanLII)].

He had a parole hearing in November 2018 which was ultimately denied. Muzzo can appeal today's decision within two months. He can reapply for day parole and full parole in one year, according to the Correctional Service of Canada. The National Parole Board doesn't have to review his request for another five years because he was responsible for the deaths of four people (McLaughlin, 2018).

This case is very recent and took place close to home. It is utterly tragic; one person's lack of proper judgement can lead to a mistake that has the ability to both end and ruin multiple lives.
]]> 2019-04-04 01:06:12 UTC https://padlet.com/janehruska23/pes7wyxi0en/wish/348328887 What is Impaired Driving? janehruska23 https://padlet.com/janehruska23/pes7wyxi0en/wish/348329042 Impaired driving is a criminal offence when a person’s ability to properly operate or have control over a motor vehicle is compromised and impaired by the consumption of alcohol or drug(s). It is a deterioration of an individuals judgement, as well as a decrease in their physical capacity. (Impaired Driving, 2019). 

If an incident takes place, it can affect a multitude of people. It is morally wrong whether or not an incident takes place.

]]> 2019-04-04 01:07:02 UTC https://padlet.com/janehruska23/pes7wyxi0en/wish/348329042 What are the penalties for Impaired Driving? janehruska23 https://padlet.com/janehruska23/pes7wyxi0en/wish/348329233 Alcohol-impaired
  • Charge:
    • Alcohol-impaired driving
    • Having a Blood Alcohol Concentration (BAC) at or over 80mg per 100ml of blood within 2 hours of driving
  • Penalty:
    • 1st offence: Mandatory minimum $1000 fine; Maximum 10 years imprisonment
    • 2nd offence: Mandatory minimum 30 days imprisonment; Maximum 10 years imprisonment
    • 3rd offence: Mandatory minimum 120 days imprisonment; Maximum 10 years imprisonment
Drug-impaired
  • Charge:
    • Drug-impaired driving
    • Having 5ng or more of THC per ml of blood within 2 hours of driving
    • Any detectable level of LSD, psilocybin, psilocin, ketamine, PCP, cocaine, methamphetamine, 6-mam within 2 hours of driving
    • Having 5mg or more of GHB per 1 litre of blood within 2 hours of driving
  • Penalty:
    • 1st offence: Mandatory minimum $1000 fine; Maximum 10 years imprisonment
    • 2nd offence: Mandatory minimum 30 days imprisonment; Maximum 10 years imprisonment
    • 3rd offence: Mandatory minimum 120 days imprisonment; Maximum 10 years imprisonment
Combination
  • Charge: Having a BAC of 50mg per 100ml of blood + 2.5ng or more of THC per 1ml of blood within 2 hours of driving
  • Penalty:
    • 1st offence: Mandatory minimum $1000 fine; Maximum 10 years imprisonment
    • 2nd offence: Mandatory minimum 30 days imprisonment; Maximum 10 years imprisonment
    • 3rd offence: Mandatory minimum 120 days imprisonment; Maximum 10 years imprisonment
Charge: Refusal to comply with demand for sample
  • Penalty:
    • 1st offence: Mandatory minimum $2000 fine
    • 2nd offence: Mandatory minimum 30 days imprisonment; Maximum 10 years imprisonment
    • 3rd offence: Mandatory minimum 120 days imprisonment; Maximum 10 years imprisonment
Drug-impaired driving: Summary conviction
  • Charge: Having over 2ng but less than 5ng of THC per ml of blood within 2 hours of driving
  • Penalty: Maximum $1000 fine
Charge: Impaired driving causing bodily harm
  • Penalty:
    • Summary conviction: maximum 2 years imprisonment less a day
    • Indictment: maximum 14 years imprisonment
Charge: Impaired driving causing death
  • Penalty:
    • Indictment: Maximum life imprisonment
Charge: 1st offence + BAC of 80-119 ml
  • Penalty: mandatory minimum $1000 fine
Charge: 1st offence + BAC of 120-159ml
  • Penalty: mandatory minimum $1500 fine
Charge: 1st offence + BAC of 160 mg or more
  • Penalty: mandatory minimum $2000 fine
(Impaired Driving Laws, 2019).
]]> 2019-04-04 01:07:43 UTC https://padlet.com/janehruska23/pes7wyxi0en/wish/348329233 Worth the risk? janehruska23 https://padlet.com/janehruska23/pes7wyxi0en/wish/348329771 Image #1: This image shows the possibilities of driving impaired. There are a number of outcomes: hurting yourself, killing yourself, hurting someone else, killing someone else, ending up in prison for the rest of your life, etc. It is also important to mention that nothing can happen. I'm sure there are a number of people who will not admit that they have driven under the influence before. Why would they if they were not caught? A short drive home around the corner from the bar with 0 consequences. They could be considered the lucky ones, as well as everyone else who was driving on the same road(s) that night. Just because they had the chance to get away with it, doesn't mean they will the next time. It also doesn't make it right or safe. It is a huge game to gamble; is it really worth the risk? (Media Release, 2018)]]> 2019-04-04 01:10:30 UTC https://padlet.com/janehruska23/pes7wyxi0en/wish/348329771 Who will be taking you home tonight? janehruska23 https://padlet.com/janehruska23/pes7wyxi0en/wish/348329971 Image #2: This image is similar to the first, with an attempt to display the consequences of your actions. It's meant to provide a fear appeal, which hopefully (and mostly) influences the behaviour of the audience. It displays a police car, an ambulance, and a hearse. The police car implying legal consequences; the ambulance meaning serious injuries (and legal consequences afterwards; if you live, that is); the hearse indicating fatality. The taxi is evidently the ideal choice. With just the click of a couple of buttons, or a request to someone who has a phone, you can dial up a taxi, and get home safe. Sure, it may cost you some money. But would you rather it cost you your life? (Hills, 2016)]]> 2019-04-04 01:11:32 UTC https://padlet.com/janehruska23/pes7wyxi0en/wish/348329971 References janehruska23 https://padlet.com/janehruska23/pes7wyxi0en/wish/349225330 2019-04-07 08:38:55 UTC https://padlet.com/janehruska23/pes7wyxi0en/wish/349225330