PAGL 16. W[-DNII*SI)AY. JANUARY 21, 198 1, WIIITBY FREE PIRESS -qFree legal advice If you drinK do not go near your car K nowing the Law BBARRY L. EVANS, B.A., LL.B. By Barrister anid Solicitor J Save 2O%r on "Kirsch" custom verticals, woven wood shades and decor venetian blinds They're energy savers!i Theyrel fashionable, easy ta caro for (Just wlpe diean) and decorative, avallabi e ln fabulous multicolours or soft muted shades. Visit our Boutique or phone for ln-home service. 668-0231 EDITOR'S NOTE: This week the Wýitby Free Press would like to introduce "Knowing the Law," written by local lawyer Barry Evans. It will deal with those aspects of the law that most people corne across on a regular basis. Aside from his law practise, Evans also serves as the cen- tre ward representative on Whitby Town Council, as part- tirne assistant Crown Attorney, part-timne small dlaims court judge and as, national legal advisor to the One Parent Familles Association of Canada. "Knowing the Law" will appear as a monthly feature of the Whitby Free Press. By BARRY L. EVANS, B.A., L.L.B. Barrister and Solicitor During the last year the number of people charged with drinking offences increased due to police crackdowns.'What many people don't realize is that they don't have tu be driving to be guilty. Having care or control of a motor vehicle while your ability to drive is impaired, or your blood - alcohol con- tent exceeds 80 milligrams of alcohol per 100 millilitres of blood, will resuit in a conviction. To prove care or control, the police only have to show that you were in the driver's seat. Once that is establishes, the onus is on you to prove that you did not enter the vehicle for the purpose of setting it in motion. You may be convricted if only found sleeping in the driver's seat. Many drinking drivers stili refuse to take a breath test. If a police officer suspects that you have been drinking, he may demand that you take a roadside breath test. Failure to do so leads to a criminal charge. If you fail the roadside test,t he officer will ask you to accompany him to the station to take the regular breath test. It is this test .which will determine if you have more than the legal limit of alcohol in your blood. It is not an offence to fail the roadside breath test. 0epyu HatFn HeIp your Heart Fn DENTURE THERAPY CLINIC 111 DUNDAS STREET WEST WHITBY 668-1464 Littie Bo Peep's Your WooI Store WOOLS . YARNS . NEEDLEWORK SALE Starts Sat. fan. 24 400 Dundas W. (at Kent Building) 666-3242 a walk to observe winter wildlife, tracks and signs. The group will visit a range 0f natural habitats at Har- mony Valley Conservation Area, including scrubland, wooded creek valley and mature maple forest. This conservation area harbours quite a variety of animals fromn voles, rabbits and raccoons to even the oc- casional deer. A number 'ori birds are also known to oc- cur there. One particularly interesting bird is the Ruffed Grouse, which nests on the ground beneath cedar boughs and stays in the area throughout the year. It is roughly the size 0f a chicken and is usually seen walking cautiously through the woods, or exploding into flight when flushed from its hiding place. Participants are asked to dress warmly and meet at the Authority Office at 1:00 p.m. The office is located at 1650 Dundas Street East in Whitby. The outing is free of charge and everyone is in- vited to attend. Cail the in- formation and Education Co-ordinator at 579-0411 for f uther information. Winter is a great. time to get outdoors and see our local Wildlife. On Sunday, January 25, 1981 staff of the Central Lake Ontario Con- servation Authority will lead Buy one WHOPPER *sandwich, get another im WHOPPER free,. * Please present this coupon bel oreI 13BURGER ordering.Linit one ouponlper customer, * This offer expires Febr'sarv 2lst, Ic9E1 I U~ UVWGood onily at Ajax Burger King * W 345 Mackenzie Ave., Ajax, Ont.I Most police offîcers will not have the roadside breach machine with them. 'If a police officer on reasonable and probable grounds believes you have committed a drinking of- fence, he may demand that you accompany him for the nor- mal breath test. In virtually ahl circumnstances, you should co-operate with the police, for if you refuse to provide a breath sample, you can be convicted of a criminal offence. If you have any doub- ts, you may ask to caîl your lawyer before taking the breath test at the police station. You will not be permitted to caîl a lawyer before taking the roadside breath test. If you are drinking and driving and are invovled in an ac- cident, the penalty can be two-fold. Not only can you be con- victed of a criminal offence, but your insurance company may refuse to pay for the damage to your car. In addition, although your insurance company is required by law to pay for damnage to other people and their property caused by you, if you are convicted of a drinking and driving offence they may sue you for the money they have had to pay out. In all cases where there has been an accident and you are charged, you should consulta lawyer before going to court. Parliament has recognized the drinking and driving offen- ces to be serious. Your punishnient, if convicted, will usually result in the following penalties. For a first offence, a $300 fine and a three month driving licence suspension. For a second offence, wit.hin five years, 14 dlays in jail and six month suspension. For a third offence within five years, three months in jail and a three year driving licence suspension. There is only one sure way to beat the systemn - if you drink, stay away fromn your car. Don't drive it, don't even sit in it. Take a cab or walk home. NEXT MONTH: Just because your breath reading was over 80 it doesn't mean you were guilty. CLOCA leads you on winter nature walk THE DPAPEPY bOUTIO-U-E Poumeau hcrILa,ýe Mouye 216 Mary St. E., Whitby, Ontario