.05% BAC WARN RANGE

CodeUrban
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.05% BAC WARN RANGE

Unread post by CodeUrban on

I received a ticket on April 6, 2012 for .05 BAC WARN RANGE - ADMINISTRATIVE SUSPENSIONS and was suspended for 3 days.

I had a G license and the age of 22.

Is this a Major, Minor, or a criminal conviction and how long will this stay on my drivers abstract?

Thanks.


argyll
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Unread post by argyll on

It's not criminal and I spoke with my insurance broker and she said they don't consider it for insurance rate increases. Get two or three and they might.

It is a ticket however and will be on your abstract.
Former Ontario Police Officer. Advice will become less relevant as the time goes by !


iFly55
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Unread post by iFly55 on

You haven't been convicted in court, so there is no "conviction" attached to it. This will stay on your driving history for life, it all depends on who's looking at it and how far back they can see (ie. OPP/courts: can see everything, insurance company: past 5 years).

As long as the suspension is under one year, insurance companies can not use to increase your rates.

Read more about it here: https://www.fsco.gov.on.ca/en/auto/auto ... 04_06.aspx

Ontario's 'warn range' suspension program: http://www.mto.gov.on.ca/english/safety ... nsequences 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.[/quote]


CodeUrban
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Unread post by CodeUrban on

Thanks for the info! :D


pirish
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Unread post by pirish on

I had this happen to me... Even though they aren't suppose to use it against you some places play a round about game and try to...

It will stay on your record for 5 years... Last year I went to get Motorcycle insurance (September 2013) and my broker told me to wait until November 2013 (when it drops off) because the insurance company wanted to know why it was there and would not insure me until they knew... (on the record it doesn't disclose the exact reason why you got it).

Tried another insurance company (State Farm) and had to jump through hoops to prove that that was the only thing on my record (5 year abstract). They wanted to know why I got the administrative suspension...After speaking with the FSCO, Etc. I was informed that I don't have to disclose why. They explained that there are numerous things that can cause an admin suspension. but to keep in mind it is an immediate cancellation if I'm found lying.

My suspension was tied in to me not having a valid tag (got pulled over for that) that led into the admin suspension for Warn range. So I omitted the last part.

sum it up... if your going to new insurance you may have so explaining to do.. but for your current one... I didn't have any problems.... for the next 5 years after that suspension my Car insurance never went up nor did they ask me about it...

I hope you learned from this experience... even if you have one don't drive.... I was in my 30's went I had this happen and now I don't touch my keys if I have even one beer.


Tony tacs
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Unread post by Tony tacs on

Hi all, hoping you could help me out with a similar situation.

Similar to above, I was also given a 3 day suspension for the warn range on the weekend. I am 31 years old with a G class license.
I am concerned having this on my record for employment reasons since I have a company vehicle.
Wondering if there is anyway to have the 3-day suspension removed from my drivers abstract?

I read somewhere that a court date can be set to appeal the "charge". Has anyone experienced this situation before? If so, how did you manage?

Really appreciate any advice.
Thanks


iFly55
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Unread post by iFly55 on

http://www.e-laws.gov.on.ca/html/statut ... nistrative licence suspension for blood alcohol concentration above .05

No appeal or hearing
(9) There is no appeal from, or right to be heard before, the suspension of a driver’s licence under this section. 2007, c. 13, s. 10; 2009, c. 5, s. 15 (9).

Intent of suspension
(10) The suspension of a licence under this section is intended to safeguard the licensee and the public and does not constitute an alternative to any proceeding or penalty arising from the same circumstances or around the same time. 2007, c. 13, s. 10.[/quote]


Tony tacs
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Unread post by Tony tacs on

Thanks for sending the link.

Reading this tells me there is no way to appeal. Is that true if a case could be made?


Stanton
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Unread post by Stanton on

No, unless it was added in error (i.e. administrative mistake where it was added to the wrong person's abstract) it cannot be removed.

The only opportunity for an "appeal" occurs at the roadside. You can ask for a second test with a different device if you believe there's an error.
Opportunity for second analysis
(6) Where an analysis of the breath of a person is made under subsection (2) and registers “Warn” or “Alert” or otherwise indicates that the concentration of alcohol in the person’s blood is 50 milligrams or more of alcohol in 100 millilitres of blood, the person may require that a second analysis be performed if the person requests the second analysis immediately after the police officer requests the surrender of his or her licence under subsection
Screening device, instrument used for second analysis
(6.1) The second analysis must be performed with a different approved screening device than was used in the analysis under subsection (2) or, if the police officer thinks it is preferable, with an instrument approved as suitable for the purpose of section 254 of the Criminal Code (Canada).
Second analysis governs
(6.2) Where a person provides a sample of breath for the second analysis requested under subsection (6) immediately upon being requested to do so by the police officer, the result of the second analysis governs and any suspension resulting from the analysis under subsection (2) continues or terminates accordingly.


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Decatur
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Unread post by Decatur on

The downside of requesting a second test would be if that test resulted in a fail reading, you would then be subject to a Criminal charge.






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