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I was not charged with careless driving but I was charged with the offence of " Young Driver - B.A.C Above Zero " according to the officer. 2 of my friends proceed to have a fight at an intersection. This results in someone calling the cops and them proceeding to talk to my 2 friends. Nothing came of that but I decided to put the car in reverse and drive back and take the first right and park the car since the car was stopped at an intersection and had been for the past 20 minutes which was disrupting traffic. This is followed by 2 police cruisers chasing me and not stopping me but catching up to me after the car has been parked. One of the officers then proceeds to breathalyze me and finds out that my B.A.C is above zero. The keys were not in the ignition at the time this is all going on. All he has seen is me sitting in the drivers seat this whole time. He then proceeds to suspend my license for 24 hours and all of us being "intoxicated" according to him results in the car being towed. My question here is? Does this charge hold any demerit points that accumalate? Should i proceed to fight this in court or just pay the fine? Also is there a case here on any basis? Theres no evidence pointing to that i was driving the car. There were 2 people in the car at the time of this incident and one of them got breathalyzed which was me. ANY specific suggestions on how to proceed? Should i get a lawyer?
Keys in the ignition means nothing to the charge as does the fact that you were stopped on private property. They saw you drive on the road. If you had blown over 80mg you would have been arrested for the impaired driving just the same.
The part of the charge you will not like is once the ticket hits the MTO they classify this as a major breech of novice conditions and will suspend your DL for 30 days min.