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Questions & info about the Motor Vehicle Act. Mature discussion only. |
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12-05-2010, 12:48 PM
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#1 | | Banned By Establishment
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| dui-24 hr suspension
Hey guys so last night me and a couple friends were on our way home from a friends house party, and just our luck we got pulled over because kids were out blowing firecrackers in the near by neighborhood and they were randomly pulling people over i guess. Long story short my friend had been drinking, but was nowhere near being drunk and the officer asked for him to blow in the breathlyzer, however he refused and in the end did not provide a reading. He has his N, and was given a ticket for failure to provide a breath sample, and having no N sign on the car. He was given a 24hr suspension, and took away the car for 24 hrs as well.
Now my question is what are the chances of beating this charge since he didnt provide a breath sample? Also will my friend lose his license for 3 months?
thanks in advance.
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12-05-2010, 12:53 PM
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#2 | | Rs has made me the woman i am today!
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I wish I could fail your friend.
Tell him to read the back of his licence... the part that says no tolerance for any amount of alcohol.
How is he going to beat a charge that clearly depicts exactly what your friend did? Would you go to a trial for assault and say "well at least I didn't kill him".
He's lucky he didn't get a dui....
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12-05-2010, 12:53 PM
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#3 | | Banned (ABWS)
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Conservatively assuming the following offences
- failure to provide a sample = 3 pts
- failure to display N sign = 3 pts (edit: 0 pts, thanks jgresch)
6 pts = suspension
Your "buddy" also was driving more people than he should have, which is another potential 3 pts and a ticket the officer could have slapped on.
Let your buddy do the math. If he can't, the simple answer is he's fucked.
Last edited by illicitstylz; 12-05-2010 at 01:35 PM.
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12-05-2010, 12:54 PM
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#4 | | Need to Seek Professional Help
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If he was no where near being drunk how come he refused to blow into the breathalyzer?
I'm not sure but I don't think there is much chance of him beating the charge since he didn't breathe into the breathalyzer. Plus what Jgresch said.. N drivers are not allowed to have any alcohol in their system while driving.
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12-05-2010, 12:56 PM
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#5 | | RS.net, helping ugly ppl have sex since 2001
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Your friends an idiot and he deserves to get an suspension for as long as possible. I guess the N sign stands for noob.
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12-05-2010, 01:10 PM
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#6 | | Banned By Establishment
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| Quote:
Originally Posted by illicitstylz  Conservatively assuming the following offences
- failure to provide a sample = 3 pts
- failure to display N sign = 3 pts
6 pts = suspension
Your "buddy" also was driving more people than he should have, which is another potential 3 pts and a ticket the officer could have slapped on.
Let your buddy do the math. If he can't, the simple answer is he's fucked. | hell be disputing the tickets, however he has been given a court date for sometime in jan for the 24hr suspension. what usually happens in court? like i said he didnt provide a breath sample, so what are the chances of this holding up in court? Also will legal aid be provided if he chooses to take it?
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12-05-2010, 01:26 PM
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#7 | | RS Peace Officer
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For failing to provide a sample he didn't get a ticket, he was likely charged under the criminal code and released for a future court date. Unless things have changed recently, you dont get a VT for a fail to provide. You do get a criminal record when convicted and you do get a long prohibition as well...usually a year. Unless you have some overwhelming medical reason for not providing the sample, you have no reason for refusal. Every lawyer I had dealing with always advised their clients to provide the sample. The end result is the same penalty as failing the Datamaster. Not s smart move.
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12-05-2010, 01:30 PM
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#8 | | Rs has made me the woman i am today!
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| Quote:
Originally Posted by illicitstylz Conservatively assuming the following offences
- failure to provide a sample = 3 pts
- failure to display N sign = 3 pts
6 pts = suspension
Your "buddy" also was driving more people than he should have, which is another potential 3 pts and a ticket the officer could have slapped on.
Let your buddy do the math. If he can't, the simple answer is he's fucked. | Theres no points with failure to display N, only a fine.
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12-05-2010, 01:34 PM
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#9 | | Banned (ABWS)
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Originally Posted by z-33 hell be disputing the tickets, however he has been given a court date for sometime in jan for the 24hr suspension. what usually happens in court? like i said he didnt provide a breath sample, so what are the chances of this holding up in court? Also will legal aid be provided if he chooses to take it? |
what tickets is he going to dispute?
the only one he can " dispute " is the failure to provide a sample.
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12-05-2010, 01:35 PM
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#10 | | VLS Moderator
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Why was he drinking and driving as an 'N' driver in the first place, when on the back of his license it says "no tolerance for alcohol." He did the crime, he should do the time. I have absolutely no sympathy for idiots like him - he's just wasting taxpayer's money. Go tell him to "suck it up, Princess," and take it as a lesson learned. Be a man.
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12-05-2010, 01:38 PM
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#11 | | 2x Variable Nockenwellen Steuerung
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You can kiss a long list of careers and places to vacation goodbye with that!  Oh not to mention I hope he hasn't taken the citizenship test! Quote:
Originally Posted by zulutango You do get a criminal record when convicted and you do get a long prohibition as well...usually a year. | | |
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12-05-2010, 01:50 PM
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#12 | | Banned By Establishment
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so if he had provided a a breath sample, he would not have been charged? or would the result have been the same?
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12-05-2010, 01:59 PM
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#13 | | Rs has made me the woman i am today!
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he would have got a DUI.....
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12-05-2010, 02:03 PM
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#14 | | 2x Variable Nockenwellen Steuerung
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Well if he had provided he might not have registered? https://secure.wikimedia.org/wikiped...g_%28Canada%29 Quote:
Originally Posted by z-33 so if he had provided a a breath sample, he would not have been charged? or would the result have been the same? | | |
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12-05-2010, 02:39 PM
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#15 | | RS Peace Officer
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Originally Posted by z-33 so if he had provided a a breath sample, he would not have been charged? or would the result have been the same? |
It would have depended on the reading on the ASD. Could have been issued a Vt for drive contrary to redstrictions for the reading showing any alcohol and issued a 215 if it was over 5 mg%. Now he is looking at a criminal record and all that follows. All in all, he made a serides of very bad choices. I would not ever ride with him again, even after he gets his DL back. He knew he had been drinking, knew that this was against his restrictions, he knew he had too many passengers ( ?) and forgot (?) that his insurance coverage would be void in the case of any crash....leaving you also on a heap of trouble as passengers.
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12-05-2010, 02:40 PM
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#16 | | I am grateful grapefruit
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Originally Posted by Jgresch Theres no points with failure to display N, only a fine. | There are points for Driving Contrary to Restrictions - which can be given if you don't display your N sign.
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12-05-2010, 02:49 PM
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#17 | | Rs has made me the woman i am today!
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Originally Posted by gars There are points for Driving Contrary to Restrictions - which can be given if you don't display your N sign. | But he wasn't issued Driving Contrary to Resctrictions, he was give a Failure to Display N....
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12-05-2010, 02:55 PM
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#18 | | Banned (ABWS)
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Originally Posted by zulutango It would have depended on the reading on the ASD. Could have been issued a Vt for drive contrary to redstrictions for the reading showing any alcohol and issued a 215 if it was over 5 mg%. Now he is looking at a criminal record and all that follows. All in all, he made a serides of very bad choices. I would not ever ride with him again, even after he gets his DL back. He knew he had been drinking, knew that this was against his restrictions, he knew he had too many passengers ( ?) and forgot (?) that his insurance coverage would be void in the case of any crash....leaving you also on a heap of trouble as passengers. | So in this scenario where the N driver did not provide a sample. How does the case proceed in terms of "convicting" the N driver was in fact going to blow over limit IF he did provide a sample?
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12-05-2010, 07:01 PM
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#19 | | Big Drama Show
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Originally Posted by ziggyx If he was no where near being drunk how come he refused to blow into the breathalyzer? | Ummmm because you cant have ANY alcohol in your system. 1 beer and you will still blow a reading.
the Class 7 rules can be a bit iffy..
Apparently if I drank a mickey the night before, passed out and drove 10 hours after my very last drink I would still blow a reading..Would that mean I'm still drunk?
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12-05-2010, 07:06 PM
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#20 | | Rs has made me the woman i am today!
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Originally Posted by jayare604 Ummmm because you cant have ANY alcohol in your system. 1 beer and you will still blow a reading.
the Class 7 rules can be a bit iffy..
Apparently if I drank a mickey the night before, passed out and drove 10 hours after my very last drink I would still blow a reading..Would that mean I'm still drunk? | Italic is answered by bold.....
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12-05-2010, 07:52 PM
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#21 | | Raping Captured Dolphins since 2002 on EZ board days
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And you guys complain why the Canadian legal system sucks and why taxes are high, it's because of retards like z-33 and his friends who abuse the system and waste resources.
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12-05-2010, 08:05 PM
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#22 | | Diagonally parked in a parallel universe
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Your friend is a douchebag trying to dispute this when he is clearly disobeyed the law and even worse is that he is trying to find a way to get out of it. The law doesnt care if he just took a sip of vodka and is fine to drive, if you have your N 0% tolerance. deal with it and pay what he has to owe.
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12-05-2010, 08:24 PM
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#23 | | manage the cap you say????
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Isn't it ironic that these threads showing up more often? You're friend was lucky, he'll get raped in the ass one day.
Easy solution, just don't fucking drink when you go out if you have your Class 7 IF YOU ARE GOING TO BE DRIVING. Drink all you want if you have a designated DD that has his class 5.
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12-05-2010, 08:52 PM
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#24 | | RS Peace Officer
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Originally Posted by illicitstylz So in this scenario where the N driver did not provide a sample. How does the case proceed in terms of "convicting" the N driver was in fact going to blow over limit IF he did provide a sample? | The convicting would be for failing to provide the breath sample...that is a criminal code charge. The Police would describe the circumstances leading up to the demand for the sample ...eg smell, physical symptoms, etc..then they would describe the demand and the resulting refusal. You don't have to prove the driver would have "failed" the Datamaster, only that you had grounds for issuing the actual demand. The ASD is used to gather further evidence of impairment...it can also give the driver grounds to show a lack of impairment by showing a "pass".
Last edited by zulutango; 12-06-2010 at 07:11 AM.
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12-05-2010, 08:56 PM
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#25 | | Banned (ABWS)
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simply put your buddy is fucked for the next year and pretty much failure to provide sample = guilt.
so your bdudys gonna be suspended for a year and need to doeverything a DUI entails.
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