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\VIIII<i'F F PlRESS . Wi H)NI-ISI)A Y FBR U 1I1,.I 1(), PAGE. Knowing the Law BBARRY L. EVANS. B.A.. LL.B. Barrister and Solicitor J ~AJ. In my last column, I discussed drinking and driving offen- ces and how to avoid them. This column is aimed at those who have been charged, and who are wondering whether there is any hope of avoiding conviction. To be convicted of drivîng or having the care or control of a vehicle with a blood alcohol content "over 80", the Crown must be able to prove at what time the offence occurred. Many times when there has been an accident it is difficult to prove the time of the offence since the police will not have been there to see the accident. If there is no evidence of what time that accident occurred, you cannot be convicted of "over 80". The Crown must prove that both tests were taken "as soon as practicable" after the offence and within two hours. If there bas been an unnecessary or unexplained delay, the case may be dismissed if the delay was unreasonable. An unexplained delay of 19 minutes before tests weretaken has resulted in an acquittal. Impaired driving or care and control is proven by human observation, not by an instrument measuring blood-alcohol - -"Mmwmwmý Tax tips a. The truth about R.R..S.P. This is the second in a series of articles about preparing federal income tax returns. The articles are written by H & R Block Canada, lue., Canada's Iargest tax service. The government has established a system whereby a taxpayer may plan for his retirement years by investing now in a Registered Retirements Savings Plan. Certain limitations are imposed, in- cluding: (1) If the taxpayer is not a Vo lunteers wanted By DOROTIIY VISSER Volunteer Action Centre t Community agencies are facing cutbacks, the help of volunteers is crucial. But why should someone volun- teer? The volunteer co- ordiantor's. of Durham Region feel that volun- teering enchances your lift. Volunteering gîves: per- sonal satisfaction, a chance to meet people, new ex- periences, an opportunity for community participation personal growth and a chan, ce to learn and develop new skills. The options available to you are endless. %olunteers are able to get invovled with people of ail ages, from pre- school to seniors. Volunteer activities vary: sports, crafts, telephone befrien- ding, visitation, driving tutoring, teaching daily living skills, working with the handicapped, (emotionally and physicallyl and the list goes on. Besides being involved in direct service you may be interested in clerical or ad- ministrative work, public relations, fund-raising, or serving on a Board for a communîty agency. If you would like to get in- volved caîl the Volunteer Action Centre at 723-3531 or Oshawa Community Infor- matîon (Centre at 728-623:3. contributor to a pension plan through employment, he may invest 20 percent of his "earned income" (as defined by the government) to a maximum of $5500. (2) If the taxpayer con- tributes to a pension plan through employment, the limnit is 20 percent of "ear- ned income" to a maximum of $3500 total in both plans, (3) If the taxpayer desires to establish a pension plan for his spouse, he may con- tribute to a spousal R.R.S.P. The total amount which may be contributed to the tax- payer' s plan and that of his spouse is subject to the limitations outlined above. The taxpayer may deduct the amount contributed to the spousal plan; and the benefits become income to the spouse, provided the plan is hcld for more than three years. An R.R.S.P. does not avoid tax but defers the tax to later years when the total annual income may be lower and the tax rate more favourable. Also, if the tax- payer is age 65 or older when annuity payments are received from the plan, up to $1000 may be tax exempt. A provision exists whereby a taxpayer may transfer monies received from pensions to an R.R.S.P. without regard to the limitations discussedi above. You can defend yourself against an 'over 80' charge content (although breath readings may be corrobrative evidence). t is possible to have a blood-alcohol content "iover 80" and not be impaired. There is a rule of thumb in tri-Als for impaired driving that there should be more than one witness. Therefore, if only the arresting off icer bas ob- served your condition, you will in most cases be acquitted. Recent cases have held that you are not required to give a roadside breath sample if the arresting officer had no reason to stop you. This is also a defence to refusing to provide a breath sample at the police station. Other cases where in- dividuals have been acquitted include instances where a per- son bas not been allowed to contact his lawyer, where the demand for breath samples is improper, and where there were not "reasonable and probaîbe grounds" for officer to suspect you have committed a drinking driving offence. These ca ses are illustrative only, and the facts of each in- dividual case can always produce a different result. In al cases you should consult your own lawyer, as this column is not intended to be legal advice, but educational only. Remember, don't give up until you have spoken with your lawyer, as you may have a defence. ~-y.--;THE CORPORATION OF THE ~ ~ TOWN OF WHITBY NO0TI1C E A PUBLIC MEETING THE PORT WHITBY COMMUNITY SECONDARY PLAN STUDY A Public Meeting of the Administrative Committee will be held on Wednesday, February 18, 1981 at 7:30 p.m. at St. John's Anglican Church (Basement), Victoria Street East, Whitby, Ontario. if.. .JHUk1 If-Il [IY 4 k~ 1il[ 1:1 Ii îy- S1 } 7ir 1-aCeDOntari This, the Third Public Meet ingi j jr edtopesn draf plnadrpr speaedadrcm edd h Cosutat ea ad oreeîe om ens ndiput 6o the pubîc-regading te draNtplan prsICted I tb, naio 4 On)668-803 Consutant eam ad to ecei comet and ilnputinro Worptrationtarithe<4o6) 668-5803. ROER B ;SOR Talk tom e about' RRSP y Nobody else has a Registered Retirement Savings Plan quite like aur Accumulation Annuity. It offers competitive interest rates for convenient periods, an extensive choice of income options. and there is no front-end load or policy tee. Before you buy an RRSP. talk to me. HERB TRJAN 725-6564 Oshiawa E 668-5468 Whitby Mutual Life of Canada