I recently made the worst mistake of my life, currently 22 was driving home from downtown toronto when Igot pulled over by a police car, I had a few drinks officer knew i was under the influence arrested me and took me into the police station to do a breathalyzer, I refused to do it and was released 3 hours later. Car is now impounded for 7 days...what are the most likely consequences for my actions, and even if i get a good lawyer is there anything that they can help me with because I was driving 4am with a g1 under the influence?
DUI with G1
Re: DUI with G1
G1, G2 or full G licences are all treated the same with Criminal offences and if youre convicted, the consequences are pretty serious.
The Criminal Code considers refusing to provide a sample of your breath the same as being over the legal limit. First time offence is a minimum $1,000 fine, minimum 1 year driving prohibition (or 3 months if opt/qualify for the ignition interlock program) and your insurance rates will easily double or triple (assuming you can be insured at all).
Seek professional representation, you're in pretty serious trouble.
Re: DUI with G1
neoseeker wrote:
I recently made the worst mistake of my life, currently 22 was driving home from downtown toronto when Igot pulled over by a police car, I had a few drinks officer knew i was under the influence arrested me and took me into the police station to do a breathalyzer, I refused to do it and was released 3 hours later. Car is now impounded for 7 days...what are the most likely consequences for my actions, and even if i get a good lawyer is there anything that they can help me with because I was driving 4am with a g1 under the influence?
Not even considering the penalties you are going to receive from drinking and driving, you are going lose your license and have to start the graduated license program from scratch. No credit earned and you have to pay the fees all over again.
(1) You can't drive with a G1 with alcohol in your system.
(2) You can't drive with a G1 without someone who qualifies as accompanying driver. (doesn't sound like anyone was with you)
(3) You can't drive with a G1 at 4AM.
These are all conditions for G1 drivers. You are subject to Novice Driver Sanctions which will penalize you for breaking your conditions. 1st conviction (30 days) 2nd conviction (90 days) 3rd conviction (Lose your license)
Re: DUI with G1
You will be prohibited from driving for a year on conviction and you are going to have a very hard time finding insurance at even the most obscene rates when you do finally get to the point when you drive again
-
sriordanlaw
- Newbie

- Posts: 1
- Joined: Sun Mar 31, 2013 11:35 am
Re: DUI with G1
That is correct you will be prohibited to drive for 1 year after a conviction. The key is to obtain good representation so that you DO NOT get a conviction.
Re: DUI with G1
This is just a rant and no way advice. How about people take responsibility for their actions. You drink and drive, you get caught, you pay the price. If its a straight to the point saying "I'm not doing the test" and the only defense is the grounds of the vehicle stop and demand, stop trying to find mistakes in procedure and waste courts time. Driving is a privilege not a right and there are rules to follow. You've already admitted to consuming alcohol in this post so what are you going to say in court. Remember you're not supposed to lie.
- Simon Borys
- VIP

- Posts: 1065
- Joined: Fri Apr 30, 2010 10:20 am
Re: DUI with G1
HPTO wrote:
You've already admitted to consuming alcohol in this post so what are you going to say in court. Remember you're not supposed to lie.
He doesn't have to say anything in court. He has no burden of proof. The crown has the burden of proving his guilt beyond a reasonable doubt. He's entitled to sit there and say nothing and be acquitted if the crown can't prove it. Good thing too, because that's the kind of rule of law that separates us from countries with capricious and arbitrary legal system.
HPTO wrote:
If its a straight to the point saying "I'm not doing the test" and the only defense is the grounds of the vehicle stop and demand, stop trying to find mistakes in procedure and waste courts time. Driving is a privilege not a right and there are rules to follow
Speaking of rules, there are also rules to follow for policing - for detaining someone and for taking breath samples and for depriving someone of their liberty - and I don't believe it's a waste of the court's time to go to court and challenge whether the officer followed all those rules. Those rules are there for a reason - to ensure that people's fundamental rights are respected and, ultimately, to ensure that there are no wrongful convictions. It's not a waste of time to hold officers to following them.
-
tdottopcop
- Member

- Posts: 138
- Joined: Fri Sep 30, 2011 8:42 am
Re: DUI with G1
neoseeker wrote:
I recently made the worst mistake of my life, currently 22 was driving home from downtown toronto when Igot pulled over by a police car, I had a few drinks officer knew i was under the influence arrested me and took me into the police station to do a breathalyzer, I refused to do it and was released 3 hours later. Car is now impounded for 7 days...what are the most likely consequences for my actions, and even if i get a good lawyer is there anything that they can help me with because I was driving 4am with a g1 under the influence?
To get back to the OP.... I think the best advice we can give you is seek a lawyer.... I doubt you'll have much success defence-wise from an online message board for a serious offence like this.
No, I do not work for Toronto Police...
... it is just a name folks
- Simon Borys
- VIP

- Posts: 1065
- Joined: Fri Apr 30, 2010 10:20 am
Re: DUI with G1
Yes, absolutely! I certainly didn't mean to suggest he should actually just show up in court and say nothing and hope that the crown can't prove it. I was speaking more about the principle behind it. There are many good impaired driving lawyers who are well versed in the operation of the intoxilyzer machine and the proper procedures for obtaining a breath sample. Seek one of them out!
Re: DUI with G1
I'm a bit confused about answers on one thing: some posters are saying the driving prohibition is for 1 year, others seem to suggest something different. So, my questions are:
1. Does a G1 have to retake his G1 if he is convicted of failing to blow?
2. If there is a 1 year prohibition, does that mean 1 year before going back to driving as a learner?
I'm a little confused by this. I know a G has a 1 year driving prohibition, but I thought a G1 didn't?
-
OPS Copper
- Sr. Member

- Posts: 355
- Joined: Thu Aug 27, 2009 10:06 pm
-
Posting Awards
Re: DUI with G1
1: yes
2: yes
Upon conviction for fail to blow you dl is suspended for a year.
Re: DUI with G1
would it have been better for him not to refuse?
* NO you cant touch your phone
* Speeding is speeding
* Challenge every ticket
* Impaired driving, you should be locked up UNDER the jail
Re: DUI with G1
bobajob wrote:
would it have been better for him not to refuse?
Refusing to submit a breath sample upon demand is illegal and caries the same penalty as a DUI conviction. It is also arguably easier to prove then an actual DUI. Instead of having to follow the fairly complicated and time consuming protocol for taking and recording breath samples, all the officer has to do is show that he issued a lawful demand for a breath sample and the defendant refused.
Re: DUI with G1
HPTO wrote:
This is just a rant and no way advice. How about people take responsibility for their actions. You drink and drive, you get caught, you pay the price. If its a straight to the point saying "I'm not doing the test" and the only defense is the grounds of the vehicle stop and demand, stop trying to find mistakes in procedure and waste courts time. Driving is a privilege not a right and there are rules to follow. You've already admitted to consuming alcohol in this post so what are you going to say in court. Remember you're not supposed to lie.
The Canadian Charter of Rights and Freedoms says you are innocent until proven guilty and you have the right to a fair trial. People should stop telling others to give up their rights. Take full advantage of your rights and find a good lawyer. A good lawyer will look at everything the officer(s) did and said to make sure they were following the law at every step of the procedure, and will end up being cheaper for you than being found guilty. It will still be costly for you either way so this should be a good lesson to not ever drink and drive again.
Similar Topics
-
-
- Electric Bike DUI Impoundment?
- Posted in General Talk
- By Thai on
- Replies: 17
-
-
-
-
- can i be charged with DUI if...
- Posted in General Talk
- By beleafer81 on
- Replies: 6
-
-
-
-
-
2nd DUI
- Posted in Courts and Procedure
- By bahummbugg on
- Replies: 2
-
-
-
-
- Question About DUI's
- Posted in General Talk
- By SpikedCola on
- Replies: 1
-
-
-
- BF got DUI with a G2 License- Help!
- Posted in General Talk
- By CuriousSally on
- Replies: 7
-
-
-
- What are the risks of driving while suspended for a dui?
- Posted in Driving While Suspended
- By maggiemuggins on
- Replies: 4
-
-
-
- DUI charge on Private Property but NOT caught in the car
- Posted in Criminal Offences
- By BC280 on
- Replies: 12
-
-
-
-
-
DUI DROPED! Insurance Questions. PLEASE HELP!
- Posted in Criminal Offences
- By FatLuke_NOFX on
- Replies: 4
-
-
-
-
-
DUI in Ontario, moved to Out of province
- Posted in Driving While Suspended
- By lled on
- Replies: 5
-
-
-
-
- Moving Provinces with a DUI. Please help.
- Posted in General Talk
- By LukeK7 on
-
-
-
- Speeding 50 over + DUI
- Posted in Exceeding the speed limit by 50 km/h or more
- By dvpticket on
- Replies: 8
-
-
-
- Nova scotia DUI, Quebec License?
- Posted in Traffic Offences Outside Ontario
- By CelticR00ts on
- Replies: 2
-
-
-
- PLEASE HELP! DUI IN USA
- Posted in Traffic Offences Outside Ontario
- By lgrw29 on
- Replies: 6
-
-
-
- Driving under suspension (for DUI)
- Posted in Driving While Suspended
- By Jenna539 on
- Replies: 1
-
-
-
- G2 License expired more than 3+ year, during DUI suspension.
- Posted in General Talk
- By Muganara on
- Replies: 3
-
Featured Topics
What's up with motorized vehicles that are not licenced??
I searched but could not retrieve a satisfactory answer.
It seems matter-of-fact that all sorts of work equipment, namely backhoes, loaders and other similar mororized vehicles without licence plates, sometimes equipped with a slow moving vehicle sign, often not, some with an amber beacon, some without, are encountered on a highway, travelling under their own power, sometimes on multi-lane roads…
Novice Driver B.A.C Above Zero Provincial
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…
Got Two Tickets on The Spot
I have been reading Fight Your Traffic Ticket site and have a couple of comments.
I was issued two tickets at the same time, one for invalid left turn (Hwy 7 in Markham and Swansea). Another one, because the officer did not like my copy of registration documents.
I am planning to challenge it in the court. Actually I already submitted the request.
Fight Your Traffic Ticket site suggests to be…
Parking in fire route + 114(18)
Hi, I have a court date Oct. 21,08 for parking in the fire route of my friends building. How can i get this $100 fine reduced or eliminated? only argument i really have is that visitor parking was full and i went around a few times. I wasn't there for long either.
+
I just got a ticket for going right on red fail to stop(114[18])$180. No pedestrians were in the way. I'm not a unsafe driver, so I'm…
Failure to stop for emergency vehicle
My mom received a ticket under OHTA 159(1). She was turning left at an intersection. The light was green and there were no cars in front of her. She entered the intersection and waited for incoming traffic to clear so that she could complete the turn. As she waited, a fire truck with its sirens on was driving from the street onto which she was turning (perpendicular). He honked at her (presumably…
Just receive a ticket for no insurance while selling my car
Basically, I was selling the car and I informed the buyer that the car was in not insured at the time.
He bought dealer plates from his work place and assured me that it was fine. We got pulled over by OPP and they asked for our information.
I explained that it was my car and the test driver was working at a dealership with his plates that has insurance, they told us that the plates don't apply
becau…
Slowest of multiple targets, ticketed anyway....
The other day I was given a ticket for speeding 119 in a 90, on highway 17 near Marathon, ON (Speeding ticket capital of the universe, BTW). The officer claims to have "clocked" me using the vehicle mounted radar at 121 KMH and dropped it (presumably to lower fine and demerits).
I was not going that fast, but there was a larger, and faster moving, vehicle behind me, gaining fast (I was driving a…
142km on 401 going west, near 401 exit to Homer Watson Blvd
Date: 2009, April 5th, 11:16pm
Location: 401 exit to Homer Watson Blvd, Kitchener/ Cambridge.
I was going on 401. When I was approaching the location mentioned at the topic, I tried to over take a truck in front of me, and realized a car tailgating me right after I went out to the fast lane. At first I thought it was some other fast drivers so I just thought that I would go back into the middle…
Red Light - Fail To Stop
Hey, i recently got a ticket for failing to stop a red light (Section 114(18)).
I was travelling south, the cop was travelling north. He was on the other side of the intersection then me, my light turned yellow and i tried running it but it turned red before i could cross the line. I was going too fast to be able to stomp the break so i had to run it through.
The cop made a u-turn, pulled me over…
Driving While Suspended
I'm just curious how long will a Driving while suspended affect my insurance rates? Initially when I got my conviction with DWS my rates went from 180 a month to 390, since then I've had no tickets or even been pulled over and my rates have gone down to 240 since then. I believe it will be 3 years in Sept 2017. Will the DWS affect my insurance for 6 years because thats how long it stays on my…
Making Statements to Police Officers
Consider a common winter occurrence:
It's winter, and there's been a cold snap. The highway you are traveling on is wet, but not slippery. You take your exit, but the salt trucks haven't been on this ramp, and despite slowing down to below the recommended speed, your car slips on some black ice, and you find the car rotating clockwise. The car rotates 180 degrees, and slides backwards off the ramp…
Pedestrian Fail to use Crosswalk aka jaywalking
Got this ticket on March 6.
Location: Waterloo (King St North)
Offence: Pedestrian Fail to use Crosswalk
Contrary to: Highway Traffic Act, Sect. 144 (22)
Set fine: $35.00, total payable $50.00
I have a drivers license and I showed it to him, so it's recorded on the ticket.
I already chose to contest, I have an early resolution meeting notice for June 17.
I wasn't actually at a crosswalk, I was about…
Stunt/Racing Charge
Hi all,
So about a month ago I received a stunt/racing charge for going 140 in an 80 zone. I decided to go with a paralegal, and was notified by the paralegal that on the summon's it states to go to a criminal court. The paralegal was confused as this should be at a Provincial court. They said that since I do not have any criminal charges, that the officer wrote the wrong address down including…
Careless Driving, failed to stop for sign
Hi,
I got a careless driving ticket and I was involved in quite a serious accident. I was driving at about 60 km/h arriving towards a stop sign. Unfortunately when I tried to stop, my shoes were sliding off from my foot as they did not have any strap and were perhaps oversized and slippery. I could not stop at the sign and hit a van that had the right of way. Both vehicles were badly damaged and…
How to file an 11B
In some cases, it takes too long for the Crown to bring a charge against a defendant to trial. If your charge has taken too long to come to trial, you can stop the proceedings by "filing an 11B." This is filing paperwork to bring a motion at your trial, where you essentially say, "my rights to a speedy trial have been violated, and I want the case stopped." It is called an 11B because section…
Section 172 the illegal legislation governing street racing
Hi I'm new to this forum but I hope I'm bringing you all good news.
I recently wrote a book short titled ABUSE OF POWER
This book is all about how the Ontario government broke the law to enact the new street racing legislation.
To start with the denial of the right to remain innocent until proven guilty was enacted without due process under the Charter of Rights and Freedoms. How it wasn't done…
driving with suspended liscense 3rd time
I have been caught 3 times driving while suspended for unpaid fines . I have still not paid the fines and did not go to the first 2 court dates. When I was pulled over the second time the police officer said he would put down as it was my first time . But I had to work as I just started a new job. I called in to have the date changed but they said it was to late . So I did not go to court .…
Hand held device ticket on Gardiner Expressway
Hi,
Today I received a hand held device ticket on Gardiner. I was pulled over by the police officer and told i was using my cell phone while driving but i never even touched my cell phone. He told me my hand was not on steering. I am sure i didn't touch the phone. The phone was on the right passenger seat connected to my car. I was using mobile gps which was on dashboard display and never touched…
FAILURE TO PROCEED AS DIRECTED AT GREEN LIGHT
As the title states, I received a ticket for failing to proceed at a green light. I have gained a lot of knowledge from this site for various things, however even a google search of this ticket doesn't seem to pull up much info. Someone else had made a post about this back in 2009 but my story is quite different.
So I shall explain...
On the night of February 23/2013 I had decided to be the…
HELP: Stunt Driving (117 km/hr in a 40) + Speeding sec.128
Need some advice on reaching a plea deal with the prosecutor and how to go about talking to the crown. I'm not here to be lectured ect. I'm aware I made a mistake, and need advice on fixing it. So kindly keep comments about my impulsive decision to yourself.
Backstory:
I'm 19 with a g2 license. Was going home late at night and decided to go down a road that I knew was smooth with zero traffic so I…
Change of location?
I recently got pulled over and issued a ticket for following too closely and am looking to challenge the charges. However, I will be at school by the trial date. This is significant because I received the ticket in Ottawa (where my family lives), but attend school in Waterloo (almost 6 hours away). I will also be starting co-op this summer and as such likely won't be returning home in order to…
how to plead not guilty?
Hi,
I was charged with careless driving for a one-vehicle accident, and would like to know how to go about pleading not guilty. I was driving on a rural road at night in an 80 kmh zone. I was driving up a hill. At the top of the hill is a 90 degree turn sign (no stop sign, no kmh posted). I hit the brakes too late, and because the road goes downhill and there's a lot of gravel, skidded one or two…
Fail To Surrender Valid Permit for Motor Vehicle
Not sure the right place for this so if it needs to be moved please do so.
I was stopped today for 15 over the speed limit, I gave all the documents to the officer and he said he could not accept a photocopy of my ownership only the original I had a photo copy front and back and I had my plate sticker number with it.
he gave me a ticket for HWY ACT Section 7(5)(a) he said only the original would…
Going 50km over in an 80
Tonight, I was pulled over for apparently doing 132km in an 80km zone. Although I'd only caught myself doing 120km(yes, still over, I'm aware). After about 30 min of sitting on the side of the road, the officer came over and kindly decided not to take away my license or impound the car on the spot. I did not recieve any fines. He did, however, give me a court date in August. Never mentioning…
H.I.D. Headlight Conversion Kits...
Hi there everyone,
I have been a frequent visitor of this site for a while now but I just made an account today to ask a question that I have gotten no real clear cut answer on in the past.
What I'm talking about here is H.I.D. (High Intensity Discharge) Headlight Conversion Kits. For those of you who don't know what they are all about you can just google it and you will receive more than enough…
