Roadside Suspension

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hwybear
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Re: Roadside Suspension

Unread post by hwybear on

gpolitop wrote:I agree drinking and driving is stupid, but having two beers and getting charged is also stupid,
2 drinks wouldnt even give a "WARN"
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


Stanton
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Unread post by Stanton on

hwybear wrote:
gpolitop wrote:I agree drinking and driving is stupid, but having two beers and getting charged is also stupid,
2 drinks wouldnt even give a "WARN"
As a police officer you should know everyone has only had 2 drinks. :wink:

Maybe some bars serve really big glasses of beer.


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Unread post by hwybear on

Stanton wrote:
hwybear wrote:
gpolitop wrote:I agree drinking and driving is stupid, but having two beers and getting charged is also stupid,
2 drinks wouldnt even give a "WARN"
As a police officer you should know everyone has only had 2 drinks. :wink:

Maybe some bars serve really big glasses of beer.
yes, forgot those :oops:

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Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


brian1951
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Unread post by brian1951 on

Does a 3-day suspension for .05 to .08 cause any problems crossing the border to the US (flight) after the suspension is served? Will this record show at customs from my passport and if so, should I admit to any offence even though it's just an ADLS?

Thanks!


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Unread post by Stanton on

No, it should not cause any issues for border crossings.

I believe custom agents are mainly interested in Criminal offences, not traffic. Regardless, a 3 day suspension is not an actual conviction, but simply an administrative suspension.


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Unread post by admin on

How many drinks would someone need to have to get a warn then? Say per hour or couple hours time?


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Unread post by Stanton on

admin wrote:How many drinks would someone need to have to get a warn then? Say per hour or couple hours time?
It’s tough to say because weight, gender and other biological factors will impact how quickly your BAC level changes. I would say most adult males can consume approximately 1 drink per hour without exceeding the warn range, but some smaller females cannot.

MADD has a chart with approximate BAC levels based on weight and gender here: http://www.madd.ca/media/docs/ABCs%20_o ... NALdoc.pdf

They go on to say "For the vast majority of people drinking socially – having a glass of wine or two with dinner or a beer or two after work – you will not reach the .05% level. If you are going to be drinking more than that, plan alternate transportation home."


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Unread post by admin on

Interesting...Thanks!


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Unread post by brian1951 on

The MTO website decribes '.08 and over' as an administrative suspension (ADLS) as well as .05 to .08... shouldn't '.08 and over' be listed as a criminal offense in Ontario, not an ADLS?


Stanton wrote:
admin wrote:How many drinks would someone need to have to get a warn then? Say per hour or couple hours time?
It’s tough to say because weight, gender and other biological factors will impact how quickly your BAC level changes. I would say most adult males can consume approximately 1 drink per hour without exceeding the warn range, but some smaller females cannot.

MADD has a chart with approximate BAC levels based on weight and gender here: http://www.madd.ca/media/docs/ABCs%20_o ... NALdoc.pdf

They go on to say "For the vast majority of people drinking socially – having a glass of wine or two with dinner or a beer or two after work – you will not reach the .05% level. If you are going to be drinking more than that, plan alternate transportation home."


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Unread post by brian1951 on

Stanton wrote:No, it should not cause any issues for border crossings.

I believe custom agents are mainly interested in Criminal offences, not traffic. Regardless, a 3 day suspension is not an actual conviction, but simply an administrative suspension.

Sorry meant to reply to the above quote:

The MTO website decribes '.08 and over' as an administrative suspension (ADLS) as well as .05 to .08... shouldn't '.08 and over' be listed as a criminal offense in Ontario, not an ADLS?

http://www.mto.gov.on.ca/english/dandv/ ... .8.6.shtml


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Unread post by OPS Copper on

Criminal is federal and to get a criminal suspension you need to be convicted in criminal court of over 80 or impaired driving etc.

. The Over 80 ADSL is a provincial suspension that is given for just blowing over 80 and getting charged.

OPS


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Unread post by brian1951 on

Stanton wrote:No, it should not cause any issues for border crossings.

I believe custom agents are mainly interested in Criminal offences, not traffic. Regardless, a 3 day suspension is not an actual conviction, but simply an administrative suspension.
Although a '.05 to .08' ADLS SHOULD cause no border problems going from Canada to the US, I was just wondering if this ADLS would show when they check my passport at the airport, and if I need to tell them about it if they ask if I have anything outstanding.

On a side note, I believe I read that an American with one DUI 'over .08' can be refused entry to Canada, but it's OK for a non-American with only one charge going to the US.


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Unread post by daggx on

I don't think an ADLS would show at the airport. I think Customs only checks to see if there is any history of smuggling or trying dodge duties and taxes, any immigration holds that may have been placed on you, and if you have a criminal record or any outstanding warrants. Even if they can see it I don't think it would effect your ability to enter the country, I wouldn't mention it unless they bring it up.

I know that impaired driving is considered a hybrid offence in Canada, which means it can be charged as either an indictable or a summery conviction offence. indictable offences are considered more serious and have stronger punishments then summery conviction offences. Any non-Canadian seeking to enter Canada who has been convicted of an indictable offence or an offence outside of Canada that would be considered indictable if it happened in Canada, can be bard from the country (there is a process for getting an exemption and I think if enough time has passed one may be deemed rehabilitated but I'm not entirely sure how it works). Since impaired driving is a hybrid offence CBSA treats a conviction for it as if it were indictable. I think many US states treat impaired driving as a misdemeanor (sort of equivalent to a summary offence) and that is why some Americans are surprised when an old impaired driving conviction leads to them being bard from the country.






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