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Novice Driver B.A.C Above Zero Provincial
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PostPosted: Mon Jun 20, 2016 10:45 pm 
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Joined: Mon Jun 20, 2016 8:35 pm
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Hello everyone I'm not sure if this is the right place to put it but I need some answers as I'm very scared and don't know what to do. Recently if got a Novice Driver B.A.C Above zero I am 23 years old and I'm pretty due to get my G class license in a couple of weeks. I understand that I was wrong for drinking a beer and half and driving with a G2 Class license.

The public school parking was the most convent place for me to meet up to car pool because usually at nights there are cars already parked there so I thought it would be alright my friend who lives down the street from the school and it would be very convent to meet us we also had a friend who parked her car at the public school. We went to the St Louis bar where we watched the basketball game. I had of course 1.5 about and hour before the game was over(this was my mistake and I'm very aware of this) after leaving and coming back to school around 11 pm where I was going to drop my friends off We parked and the keys were out and the ignition was off. The Officer then pulled me aside at the parking lot he ask if I was drinking and I said yes just one to two beers. He followed with a breathalyzer where I blew an alert I was not given an accurate number. Al thought the officer said this was a slap on the wrist I was given a B.A.C Above Zero fine of 110.00 he then informed my that my another sober person could drive my car home. I am very worried that this will impact my life and my insurance as not only I will be hurt from a penitently like this.

I have decided to get the help of a paralegal in hopes to at least get a reduced sentence. My paralegal mention that anything can happen. What I would like to know

1. What are my chances of getting a reduced sentence/conviction?
2. Is there even a possibility?
3. How bad will my insurance be if I lose?
4. If it is reduced will it still show on my drivers abstract?
5. Will the suspension for b.a.c .05 still show if I get a reduction?
5. if I lose will automatically become a high risk driver?


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Re: Novice Driver B.A.C Above Zero Provincial
PostPosted: Tue Jun 21, 2016 12:30 am 
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Joined: Wed Sep 19, 2012 1:44 am
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This idea that you'll possibility have your BAC above zero charge reduced... you should probably let that go. It's a condition of your license and it's alcohol related. Unless you are handed some sort of miracle, you should probably prepare for a conviction. You'll also be suspended. It's 30 days for breaking a condition of your license. Even if you get your G in the meantime, I believe they'll still make you serve the 30 days once you're convicted. It doesn't go away.

As for insurance, it's usually a serious offense. Does that mean high risk? Short answer, yes. You're in the same category as anyone caught racing, having no insurance, driving while suspended, etc. Your insurance provider will probably treat this no different than if you had a full license and failed a breath test. 100% increase and they might consider booting you altogether. You've barely had a license and are fairly young. The odds are probably not in your favor.

A lot of young drivers make this mistake. They think because "if I had my G" that it would never be such a big deal. Insurance wise, you're not doing too well. To them you are someone who cannot follow the alcohol related rules of driving. They don't care about numbers. Either you were legal or you were not. Unfortunately, you were not. There isn't a special category for having less alcohol than others.

It's not going to stop you from getting a job (unless you plan on driving for a living), but you might not be able to afford insurance for a couple years. If you want a more definite answer, you can always contact your insurance provider anonymously.


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Re: Novice Driver B.A.C Above Zero Provincial
PostPosted: Tue Jun 21, 2016 1:52 am 
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Plus the fact there is no way you drank 1.5 beers, didn't drink anything for an hour (plus the time it takes to exit the stadium and get to where you were stopped) and blew over 0.05. Unless they were very massive beers or super strength.

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Former Ontario Police Officer. Advice will become less relevant as the time goes by !


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Re: Novice Driver B.A.C Above Zero Provincial
PostPosted: Tue Jun 21, 2016 2:29 am 
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Joined: Mon Jun 20, 2016 8:35 pm
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So is there anything the paralegal i hired can do for me?


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Re: Novice Driver B.A.C Above Zero Provincial
PostPosted: Tue Jun 21, 2016 6:03 am 
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Joined: Fri Jun 25, 2010 3:30 am
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I wouldn't think so. There is nowhere to go for a reduction on this charge. You either had alcohol in your system or you didn't. Defences would be on the accuracy of the instrument but that is a major-dollar defence. I'd really try and tie them down as to what EXACTLY they think they can do for you.

_________________
Former Ontario Police Officer. Advice will become less relevant as the time goes by !


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Re: Novice Driver B.A.C Above Zero Provincial
PostPosted: Tue Jun 21, 2016 6:52 am 
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Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2093
Location: Ontario
The section makes it an offence for you to be driving a motor vehicle on a highway with alcohol in your system. Your description of events doesn’t make it clear if the officer actually observed you driving your car or not. You simply say you were parked with the keys out when stopped. Unlike criminal charges, where it’s an offence to simply have care or control of motor vehicle while impaired even on private property, you charge doesn’t apply if you weren’t actively driving AND on a highway.

The officer will either have needed to have observed you pulling into the parking lot or else the Crown will require some other form of evidence (perhaps you made a statement to him admitting you’d just been driving?).


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Re: Novice Driver B.A.C Above Zero Provincial
PostPosted: Tue Jun 21, 2016 7:58 am 
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Joined: Sun Apr 27, 2014 10:21 am
Posts: 399
he was followed from the bar; the cop ask's have you been drinking. most people in a bar drink (except DD) so it was a bit of a grab" and it worked,
maybe he swerved or something,

I know a lot of LEO's usually park outside or near a pub and try and get lucky, TBH I have no sympathy, you drink you drive you get caught, too bad

also IMHO; if you drink and think you can get away with it. it's a slippery slope.
OP knew he should not have drunk anything as a novice. think he also had passengers in the car.

Stanton wrote:
The section makes it an offence for you to be driving a motor vehicle on a highway with alcohol in your system. Your description of events doesn’t make it clear if the officer actually observed you driving your car or not. You simply say you were parked with the keys out when stopped. Unlike criminal charges, where it’s an offence to simply have care or control of motor vehicle while impaired even on private property, you charge doesn’t apply if you weren’t actively driving AND on a highway.

The officer will either have needed to have observed you pulling into the parking lot or else the Crown will require some other form of evidence (perhaps you made a statement to him admitting you’d just been driving?).


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