Roadside Suspension

gpolitop
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Roadside Suspension

Unread post by gpolitop on

Hi,

I didn't see a thread about this but anyway I was with a friend and he got pulled over for not slowing down for an emerg. vehicle...anyway apart from that the cop accuses him of being drunk because he smells booze and pulls out the breathalizer....he blows it and an A pops up on the screen, then he says this is the warning range, takes away his license for 72 hours but says there is no DUI charge.....

what does this mean? I have no clue and am trying to help him out, how can they suspend his license with no charge? and he never received a ticket for the warning range....is this how it works? seems a little weird

can anyone shed some light?


manwithaplan
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Unread post by manwithaplan on

This from here http://www.mto.gov.on.ca/english/safety ... heet.shtml

It's a warning, so why would you get a ticket?
MTO Website wrote:Fact Sheet: NEW Roadside Licence Suspensions

We're serious about removing dangerous drivers from our roads. Those who choose to drive after drinking endanger themselves and everyone else.

Roadside licence suspensions ensure that drinking drivers are taken off the road immediately and discourage individuals from re-offending.

As of May 1, 2009, if you’re caught driving with a blood alcohol concentration (BAC) from 0.05 to 0.08 (known as the "warn range"), the police can immediately suspend your licence up to three days for a first occurrence, seven days for a second occurrence and 30 days for a third or subsequent occurrence.

Consequences for Driving with a 0.05 to 0.08 "Warn Range" Blood Alcohol Concentration
First Time
3-day licence suspension
$150 Administrative Monetary Penalty
Second Time (within 5 years)
7-day licence suspension
Mandatory alcohol education program
$150 Administrative Monetary Penalty
Third Time (within 5 years)
30-day licence suspension
Mandatory alcohol treatment program
Six-month ignition interlock licence condition
$150 Administrative Monetary Penalty
Subsequent infractions (within 5 years)
30-day licence suspension
Mandatory alcohol treatment program
Six-month ignition interlock licence condition
Mandatory medical evaluation
$150 Administrative Monetary Penalty
These roadside licence suspensions cannot be appealed. Suspensions will be recorded on the driver’s record. For up to five years, these roadside suspensions will be considered when determining consequences for subsequent infractions.

What happens if my licence is suspended?
You will be given a suspension notice by a police officer, indicating that the suspension of your licence takes effect immediately. The police officer will take your licence from you and send it back to the Ministry of Transportation (MTO).

You will not be able to drive home.

If you are with a sober passenger who is licensed and fit to drive, he or she may drive the vehicle. If it is a safe location, you can choose to leave the vehicle at the roadside, or the police will have the vehicle towed at the vehicle owner’s expense.

What happens after the suspension period expires?
A reinstatement notice will be mailed to you. If you do not have other disqualifications (for example, other suspensions, expired or cancelled licence), the reinstatement notice will include a Temporary Driver’s Licence (TDL). You may then go to a Driver and Vehicle Licence Issuing Office to pay the $150 administrative monetary penalty. A new plastic licence card will then be mailed to you.

If you did not receive a reinstatement notice, you may obtain a TDL from a Driver and Vehicle Licence Issuing Office.

To find the Driver and Vehicle Licence Issuing Office nearest you, please visit the MTO website.

If your suspension ends on a day when the Driver and Vehicle Licence Issuing Offices are closed (for example, a statutory holiday) and you did not receive a TDL in the mail, you will need to wait until they re-open. You must have a valid driver’s licence to drive.


Stanton
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Unread post by Stanton on

Normally you would receive a notice of suspension. It's not a ticket, but a similar size piece of paper saying your licence is suspended for X hours.


gpolitop
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Unread post by gpolitop on

hmm...thats odd the cop didn't give him a suspension notice...

seems a little harsh, since when did breathalizers not give you the actual amount...it just gave him an A figure....no actual reading...

this seems like a dictatorship, you can't even contest the charge...how ridiculous


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Unread post by Stanton on

The roadside screening device does determine your actual blood alcohol content, but for simplicity it displays a letter code for certain values. “A” simply means your BAC is in the warn range, which is 0.05% to 0.099%. Since the actual legal limit is 0.08%, you could be just over the legal limit and still get a warning, so there is a bit of a buffer for any possible inaccuracies with the reading.

Furthermore, you can contest the reading. You’d have to advise the officer you’re disputing the reading, and you’d be transported to the station. There you could provide a second sample into an actual intoxilyzer for a more exact reading. It’s not something to do lightly though, because if you provide a sample over the legal limit at the station, you could then be charged criminally.


gpolitop
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Unread post by gpolitop on

thanks for all the info I appreciate it, one more question though, does this 3 day suspension go on your insurance?
seems a little unfair that technically not being drunk or over .08 would get you into this kind of trouble


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Unread post by Stanton on

gpolitop wrote:thanks for all the info I appreciate it, one more question though, does this 3 day suspension go on your insurance?
seems a little unfair that technically not being drunk or over .08 would get you into this kind of trouble
No. The roadside suspension is what's known as an administrative suspension, with no finding of guilt in Court. Because of that, insurance companies aren't supposed to use that information.

And just FYI, as said above, your friend could have been over 0.08, and still blow a warn.


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Unread post by hwybear on

gpolitop wrote:seems a little unfair that technically not being drunk or over .08 would get you into this kind of trouble
the amount of alcohol to get into the "warn" range is a lot of alcohol!!
your friend would have spent more on drinks than it would have been for a cab ride home.
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


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Unread post by paul1913 on

Stanton wrote:
gpolitop wrote:thanks for all the info I appreciate it, one more question though, does this 3 day suspension go on your insurance?
seems a little unfair that technically not being drunk or over .08 would get you into this kind of trouble
No. The roadside suspension is what's known as an administrative suspension, with no finding of guilt in Court. Because of that, insurance companies aren't supposed to use that information.

And just FYI, as said above, your friend could have been over 0.08, and still blow a warn.
I am not sure this is completely correct, as it does come up on the driver's abstract. Further to that it is regarded as an Alcohol related suspension, so its quite possible that it will.


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Unread post by Stanton on

paul1913 wrote:I am not sure this is completely correct, as it does come up on the driver's abstract. Further to that it is regarded as an Alcohol related suspension, so its quite possible that it will.
You're correct in that all suspensions appear on your driving abstract, but that's more for police & MTO use. The Financial Services Commission of Ontario, which regulates insurance, has a bulletin stating administrative suspension's can't be held against a driver. Here's the quote from their bulletin:
An administrative lapse or a suspension of a driver’s licence is a documented driver’s licence lapse for administrative or medical reasons that are not connected to driving offence convictions. Reasons can include non-renewal or expiry of a driver’s licence due to a consumer’s oversight, temporary medical conditions, unpaid parking tickets, outstanding support payments to the Family Responsibility Office or outstanding payment to the Motor Vehicle Accident Claims Fund. An Administrative Driver’s Licence Suspension (ADLS) is also considered an administrative lapse because there is no driving offence conviction connected with the suspension. The new policy is to ensure that future rating of short term administrative lapse or suspension of a driver’s licence is supported by actuarial evidence.
To the best of my knowledge, the roadside suspension for a warn is considered an administrative suspension, just like the 90 day ADLS.


manwithaplan
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Unread post by manwithaplan on

gpolitop wrote:hmm...thats odd the cop didn't give him a suspension notice...

seems a little harsh, since when did breathalizers not give you the actual amount...it just gave him an A figure....no actual reading...

this seems like a dictatorship, you can't even contest the charge...how ridiculous
Well, there technically is no "charge", it's a warning.

The point they're trying to get across is, don't drink and drive! I'm the last person to point fingers, but what they're driving towards is making people aware that even one beer can land you in trouble. When you're out with friends, one beer can lead to three beers, can lead to five beers, can lead to ten beers, etc. Happens too easily.

Also, a lot of people tend to pre drink before going out for a night, so if you have a couple of beers at a buddies place or bar, then drive out to another bar/club/etc, they could potentially stop you before you hit that bar and drink to the point where you do something harmful later in the night, but them stopping you before hand doesn't eff up your entire life the same way a dui charge would. More like a quick nip in the butt that smarts for a little while.

Just sayin'.


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Unread post by Radar Identified on

Also in many other countries, .05 is what will lead to criminal sanctions. Since the provinces couldn't change the Criminal Code, they simply put in administrative penalties for .05. British Columbia went too far with their escalating sanctions, and part of their law got struck down by the courts.
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca


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Unread post by gpolitop on

I agree drinking and driving is stupid, but having two beers and getting charged is also stupid, lets face it some people stone sober are worse at driving than a guy who had a bottle of liquor but I digress....I was with him he had two to three drinks in four hours in no way a danger to the road...while the cop was pulling him over I bet about 5 absolutely drunk people passed by.......my rant is over...thanks for the info


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Unread post by paul1913 on

Stanton wrote:
paul1913 wrote:I am not sure this is completely correct, as it does come up on the driver's abstract. Further to that it is regarded as an Alcohol related suspension, so its quite possible that it will.
You're correct in that all suspensions appear on your driving abstract, but that's more for police & MTO use. The Financial Services Commission of Ontario, which regulates insurance, has a bulletin stating administrative suspension's can't be held against a driver. Here's the quote from their bulletin:
An administrative lapse or a suspension of a driver’s licence is a documented driver’s licence lapse for administrative or medical reasons that are not connected to driving offence convictions. Reasons can include non-renewal or expiry of a driver’s licence due to a consumer’s oversight, temporary medical conditions, unpaid parking tickets, outstanding support payments to the Family Responsibility Office or outstanding payment to the Motor Vehicle Accident Claims Fund. An Administrative Driver’s Licence Suspension (ADLS) is also considered an administrative lapse because there is no driving offence conviction connected with the suspension. The new policy is to ensure that future rating of short term administrative lapse or suspension of a driver’s licence is supported by actuarial evidence.
To the best of my knowledge, the roadside suspension for a warn is considered an administrative suspension, just like the 90 day ADLS.
Interesting. I had a friend of mine get done with impaired. He plead guilty and his insurance counted that he had 3 alcohol related suspensions on his record, 1.ADLS, 2. CC Suspension. 3. HTA suspension following it. So from one incident he had 3 on his record and will for 6 years


Stanton
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Unread post by Stanton on

Other people have posted about insurance companies using administrative suspensions to increase their rates as well. If your friend argued the point and advised them of the FSCO bulletin, they should overlook the ADLS. That being said, with a criminal and HTA suspension, not sure how much difference getting the ADLS taken off will make.






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