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Test 7 (25 Units below)
Tests 19 (200 Units)
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Unit 701
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Driving
with a window at least slightly open on both sides of the vehicle
helps you hear noises from your vehicle, trains, emergency vehicles,
and vehicles in your blind spots. |
If
a 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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Some
police forces use high resolution cameras with low light capabilities
and ultra-long range lenses to catch distracted drivers from more
than 1 km away. These cameras can be operated by remote control. |
First
time offenders receive a $368 ticket and 4 penalty points
for a total fine of $543. |
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Unit 703
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GLP
drivers may not use a hands-free communication or electronic device
(except for a 911 call to report an emergency), but they can listen
to music through a vehicle's sound system from a portable player
if it's not hand-held or operated. |
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Unit 704
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R.
v. Skull (2013): Judge ruled that the crown doesn't need to prove
that a hand-held cell phone is capable of transmitting or receiving. |
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Unit 705
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Grzelak
v. BC (2019): The driver had earbuds in his ears and a dead phone
in the dashboard's cubbyhole; therefore, the driver was holding
part of an electronic device (the earbuds) in a position (in his
ears) in which it could be used and it's irrelevant that the battery
was dead. |
There
was a $368 fine, 4 penalty points, and an ICBC penalty
fee of $210 for using an electronic device while driving. |
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Unit 706
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R. v. Sangha
(2020): The driver was seen holding a cell phone in his hand on
his thigh after picking it up from the floor after a sudden stop.
The driver said he had to pick it up due to safety concerns; however,
the "Defence of Necessity" and due diligence do not apply
in this case. |
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Unit 707
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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 708
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R.
v. Dagelman (2018): A driver who is stopped at a stop sign with
the vehicle in "P" and a cell phone in their hand is "driving
on a highway". |
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Unit 709
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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 710
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R.
v. Sangret (2018): Police saw Sangret (Class 7 novice driver) with
an electronic device mounted on his dashboard, and he was ticketed
for using an electronic device while driving. |
Justice
Watchuk allowed Sangrets appeal and overturned the conviction.
The court found that merely having a device mounted on the dashboard
did not constitute use, and it is not an offence to install a device
in a manner that facilitates its use. |
The court also noted the distinction between Class 7 and other drivers
who are permitted to use devices in hands-free mode provided the
device is installed in the stipulated manner. |
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Unit 711
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R.
v. Tannhauser (2020): Police observe Tannhauser driving with his
cell phone on the steering wheel and ticketed him for using an electronic
device while driving. Tannhauser said his phone was equipped with
software that disabled its functions while the vehicle was in motion,
so use of it would have been impossible. |
Justice
Bauman allowed the appeal. The court determined that a cell phone
with no immediate functionality is still an electronic device, and
holding it in a position where it may be used is an offence. The
court also confirmed that the functionality of the device is irrelevant
because the presence of the phone itself is the issue. |
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Unit 712
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R.
v. Bleau (2021): Bleau was listening to a podcast on his phone located
in a cupholder and connected to the car via Bluetooth. The police
said they saw Bleau holding his phone to his ear while driving.
Bleau denied this, providing phone records and dashcam footage as
evidence. |
The
Justice found the officers evidence unreliable, but convicted
Bleau of using an electronic device while driving because the phone
was not firmly affixed to the vehicle. |
The
BC Supreme Court overturned Bleaus conviction and said that
passively listening to a podcast from a mobile phone did not constitute
use as defined by the Motor Vehicle Act and Use of Electronic
Devices While Driving Regulation. They emphasized that use
requires a driver to engage in a prohibited action,
such as holding, operating, or watching the screen of an electronic
device. |
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Unit 713
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R. v. Jahani
(2017): Police saw Jahani holding his phone while stopped at a red
light. Jahani explained he was plugging in the phone to charge it. |
The court
upheld Jahanis conviction and said charging a phone is using
one of its functions because even momentarily engaging with a devices
functions while driving can be considered use under
Section 214.2(1) of the BC Motor Vehicle Act. |
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Unit 714
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R.
v. Partridge (2019): Police saw Partridge looking down while driving,
stopped the vehicle, and saw a phone wedged between the folds of
the passenger seat with the screen (which was not illuminated) facing
the driver. |
The judge convicted Partridge based on the phones position
and said it was not securely fixed to the vehicle as
required for hands-free use. |
The
BC Supreme Court overturned the conviction and said the judge had
incorrectly focused on the hands-free exception without considering
the crucial element of use. As the officer did not observe
Partridge touching the device, there was no evidence of a further
accompanying act needed to establish use. |
This
case clarifies that a mobile phone within a drivers sight
is insufficient for a conviction without evidence of use.
The court emphasized the necessity of an action beyond simply having
the phone in view. |
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Unit 715
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R. v. Rajani
(2021): Police saw Rajani with a phone connected to a cord in his
lap, but Rajani said he had the phone wedged between his thigh and
the seat. |
Court held
that in either scenario, Rajani was holding the phone by supporting
it with a part of his body in a position in which it could be used,
and a person must not use an electronic device while driving or
operating a motor vehicle on a highway. The word use
in the MVA includes holding the device in a position in which it
may be used. |
The Court
looked to common dictionary definitions of holding and
concluded that physically grasping, carrying, or supporting a device
with any part of ones body in a position which the device
may be used, are all considered holding. |
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Unit 716
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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 717
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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 718
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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 719
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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 720
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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 721
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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 722
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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 723
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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 724
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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 725
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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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