Matthew S. Mayfield Essay

This essay has a total of 1141 words and 5 pages.


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Matthew S. Mayfield

In this paper I will tell you the various kinds of drinking and driving offenses, the
penalties, and the defenses you can make if you are caught drinking and driving. Let me
tell you about the different offenses. There are six offenses in drinking and driving.
They are “driving while impaired”, “Having care and control of a vehicle while impaired”,
“Driving while exceeding 80 m.g.”” Having care and control of a vehicle while exceeding 80
m.g.” “Refusing to give a breath sample”, and “refusing to submit to a roadside screen
test. These are all Criminal Code Offenses. Now lets talk about the penalties of drinking
and driving. The sentence for “refusing to give a breath sample” is usually higher than
either of the “exceeding 80 m.g.” offenses. Consequently it is usually easier in the
long run for you to give a breath sample if asked. If, for example you are convicted of
“Refusing to give a breath sample” for the first time, but was earlier convicted of
“Driving while impaired”, your conviction for “Refusing” will count a second conviction,
not a first, and will receive the stiffer penalty for second offenses. For the first
offense here is the penalty and the defenses you can make. Driving a vehicle while your
ability to drive is impaired by alcohol or drugs is one of the offenses. Evidence of your
condition can be used to convict you. This can include evidence of your general conduct,
speech, and ability to walk a straight line or pick up objects. The penalty of the first
offenses is a fine of $50.00 to $2000.00 and/or imprisonment of up to six months and
automatic suspension of license for 3 months. The second offense penalty is imprisonment
for 14 days to 1 year and automatic suspension of license for 6 months. The third offense
penalty is imprisonment 2 for 3 months to 2 years (or more) and automatic suspension of
license for six months. These penalties are the same for the following offenses. “Having
Care and Control of a Motor Vehicle while Impaired” is another offense. Having care and
control of a vehicle does not require that you be driving it. Occupying the driver’s
seat, even if you did not have the keys, is sufficient. Walking towards the car with the
keys could be sufficient. Some defenses are you were not impaired, or you did not have
care and control because you were not in the driver’s seat, did not have the keys, etc. It
is not a defense that you registered below 80 m.g. on the Breathalyzer test. Having care
and control depends on all circumstances. “Driving While Exceeding 80 m.g. is the next
offense. Driving a vehicle, having consumed alcohol in such a quantity that the
proportion of alcohol in your blood exceeds 80 milligrams of alcohol in 100 milliliters of
blood. Some defenses are the test was administered improperly, or the Breathalyzer machine
was not functioning properly. “Having Care and control of a Motor Vehicle while Exceeding
80 m.g.” is the next offense I will talk about. This offense means having care and control
of a vehicle whether it is in motion or not, having consumed alcohol in such a quantity
that the proportion of alcohol in your blood exceeds 80 milligrams of alcohol in 100
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