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PART
7 (13 Units): Each
time you find an unknown fact that seems useful, tap any surface
except your screen.
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Unit 701
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Driving
with a window at least slightly open on both sides of your vehicle
helps you hear vehicles in your blind spots, noises from your vehicle,
approaching emergency vehicles, and more. |
If
a vehicle's window is only partially opened, ensure the window's
top edge is at a height that won't injure vehicle occupants during
a crash if their neck was to be thrown against the glass edge. |
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Unit 702
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R.
v. Mirza (2023): At a red light, police saw a cell phone laying
on Mirzas right thigh, screen upwards, but not illuminated.
Mirza testified it was his usual practice to leave his phone in
the pocket between the driver and passenger seat, but the phone
may have been touching his leg. |
Justice
Fitzpatrick upheld decision of Justice Maddock to convict Mirza
of using an electronic device while driving. Mirzas argument
that he was not using his phone because it was locked, his hands
were on the steering wheel, and he was not actively using any of
the functions, was rejected. |
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Unit 703
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R.
v. Cheung (2023): Police saw Cheung stopped at a red light looking
at her Apple Watch and scrolling with her fingers. Cheung said she
looked at a text message and touched the screen twice to dismiss
it, but did not read it. Her watch did not have a cell phone function. |
The
judge determined drivers are not committing an offence if they check
their wristwatch; therefore, the word hand-held must
have been added to the definition of electronic device
for a reason, and a watch on the wrist would not normally be considered
hand-held. |
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Unit 704
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Impaired
driving is the leading cause of criminal death and injury in Canada.
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Since
April 2017, police can take a breathalyzer sample from any driver
they stop. Before that date, the police needed reasonable suspicion
of alcohol impairment. |
A
person who is unable to trigger a breathalyzer (due to Bell's palsy,
bronchitis, etc.) can be penalized as if they were impaired. |
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Unit 705
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One
drink (12 oz of beer or cooler, 5 oz of wine, or 1.5 oz
of 80 proof spirits) will result in a 0.02 to 0.05 BAC (blood
alcohol concentration) that will return to a 0 BAC in 1.5 to
3 hours (subject to health, body type, gender, fatigue, food
eaten, age, type of alcohol). |
Only
the passage of time will reduce a person's BAC. A cold shower, exercise,
coffee, or food will not reduce a person's BAC. |
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Unit 706
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If
a host/hostess serves alcohol to a guest, the host/hostess may be
liable if the guest drives and crashes. |
Here are some physiological effects of alcohol: increased reaction
time, eyes blinded by glare, loss of depth perception and peripheral
vision. |
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Unit 707
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A
drug or alcohol impaired person (perhaps waiting for a taxi) sitting
in the driver's seat of a parked vehicle with the engine running
to keep the car warm or cool commits the offence of having care
or control of a vehicle while impaired. |
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Unit 708
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Soto
v. Peel (2013): A vehicle's owner normally shared his car with his
roommate and the keys were left on a hook. One day the owner learned
his roommate was drinking, but the owner didn't remove the keys
from the hook; therefore, the vehicle's owner didn't revoke his
consent for his roommate to use the vehicle. The owner is liable
for his roommate's crash. |
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Unit 709
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Raj
v. British Columbia (2019): When a peace officer requests the driver's
licence of someone who is being accused of driving while impaired
and the accused presents the wrong card to the peace officer, this
error may be used as circumstantial evidence of the driver's impairment
and the weight of this evidence will depend on the circumstances.
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Unit 710
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If
the police believe a driver has taken drugs, they can require physical
coordination testing at the roadside. |
If the driver fails the roadside testing, the police can require
a drug recognition evaluation at the police station where blood,
urine, and/or saliva samples can be collected. |
A refusal to comply with a drug recognition evaluation is a criminal
offence. |
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Unit
711
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Roadside
drug testing can detect opiates, amphetamines, methamphetamines
(ecstasy, MDMA), cocaine, benzodiazepines, ketamine, and cannabis. |
THC (found in cannabis) collects in the body's fatty tissues over
time and someone who isn't impaired may test positive for THC. |
There's
up to a $1,000 fine and 10 years in jail if there are 5 ng of THC
per ml of blood and alcohol is also detected. |
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Unit 712
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Because
the US doesn't recognize cannabis as a legal industry, anyone who
is even tangentially involved with cannabis can be charged with
"living off the avails of crime". This is a violation
of federal law and can result in a lifetime ban from entering the
US. |
Even
admitting to using cannabis can lead to a lifetime ban. |
Online
cannabis purchases with credit cards leave a data trail. |
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Unit 713
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Carbon
monoxide (CO) is an odorless and colorless gas. It's a result of
combustion and it's found in car exhaust. |
CO poisoning can resemble fatigue and it is sometimes accompanied
by dizziness, nausea, breathlessness, headache, and a cherry red
color of the mucous tissues. |
Victims of CO poisoning need immediate access to fresh air. |
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