Hi, First off, I'd like to say that I'm not some crazy drunk driver. This is my first offense in 8+ years of driving (first ticket ever other than parking) and I guess I just wasn't thinking straight that day. My friend had finally landed a job so we celebrated and I had a couple of beers. I was coming home late at night. I was going against the cop car, while he was driving in the opposite direction, and as soon as he passed me, he made a U-turn and pulled me over. Being my first time, I freaked out. First I got the traffic ticket then he asked me repeatedly if I had drank. Being scared, I lied and said no (obviously not smart). He had me come out to his car and take the breathalizer, and before the result came out, he asked me again. At this point I figured there was no point, so i confessed to having a couple drinks. He got really mad that I had lied to him (altho I don't blame him), and immediately told me that my license was suspended for 3 days and told me to go back to my car, without showing me the result from the breathalizer. Soon he gave me the notice of suspension and my car was towed. My questions are: 1. I've heard that there is no way to fight the 3 day suspension (for having over 50mg and under 80mg of alcohol in 100ml of blood). Is this true? I never got to see the result of the test and I really wasn't drunk at all. Shouldn't 2 beers be under 50mg? (I weight 165 lbs) How do I know that I got the suspension just because he was mad at me? Is there any way to challenge this? 2. I've read articles online some of which said the 3 day suspension does not have an effect on the insurance premium (since there is no fine (or points) other than the license reinstatement fee and it goes under "administration" suspension which is different from suspension due to demerit points) while others said it does affect the premium. Will this suspension, together with the speeding ticket, have a hit on my insurance? I had 0 demerit points and as I said this speeding ticket is my first. 3. Lastly, and most importantly, how should I go about the speeding ticket? Should I select option 3 and go to court? I've read many posts here saying that there is almost no case for speeding. I wouldn't even expect it to be completely thrown out but I'm hopeful that it may be reduced to speeding under 16km/h so that i don't get any demerit points. Would this be possible? Would the 3 day suspension for alcohol have an adversarial affect on me? Is there a chance that I might not even have a chance to cut a deal at the court because I had drank? Or should I play safe and select option 2 and hope for the best? Is there anything to lose by going to court? Thank you for reading this long long post. Your help is greatly appreciated!!
Hi,
First off, I'd like to say that I'm not some crazy drunk driver. This is my first offense in 8+ years of driving (first ticket ever other than parking) and I guess I just wasn't thinking straight that day. My friend had finally landed a job so we celebrated and I had a couple of beers. I was coming home late at night. I was going against the cop car, while he was driving in the opposite direction, and as soon as he passed me, he made a U-turn and pulled me over. Being my first time, I freaked out. First I got the traffic ticket then he asked me repeatedly if I had drank. Being scared, I lied and said no (obviously not smart). He had me come out to his car and take the breathalizer, and before the result came out, he asked me again. At this point I figured there was no point, so i confessed to having a couple drinks. He got really mad that I had lied to him (altho I don't blame him), and immediately told me that my license was suspended for 3 days and told me to go back to my car, without showing me the result from the breathalizer. Soon he gave me the notice of suspension and my car was towed.
My questions are:
1. I've heard that there is no way to fight the 3 day suspension (for having over 50mg and under 80mg of alcohol in 100ml of blood). Is this true? I never got to see the result of the test and I really wasn't drunk at all. Shouldn't 2 beers be under 50mg? (I weight 165 lbs) How do I know that I got the suspension just because he was mad at me? Is there any way to challenge this?
2. I've read articles online some of which said the 3 day suspension does not have an effect on the insurance premium (since there is no fine (or points) other than the license reinstatement fee and it goes under "administration" suspension which is different from suspension due to demerit points) while others said it does affect the premium. Will this suspension, together with the speeding ticket, have a hit on my insurance? I had 0 demerit points and as I said this speeding ticket is my first.
3. Lastly, and most importantly, how should I go about the speeding ticket? Should I select option 3 and go to court? I've read many posts here saying that there is almost no case for speeding. I wouldn't even expect it to be completely thrown out but I'm hopeful that it may be reduced to speeding under 16km/h so that i don't get any demerit points. Would this be possible? Would the 3 day suspension for alcohol have an adversarial affect on me? Is there a chance that I might not even have a chance to cut a deal at the court because I had drank? Or should I play safe and select option 2 and hope for the best? Is there anything to lose by going to court?
Thank you for reading this long long post. Your help is greatly appreciated!!
While it may not affect your current premiums it is on your driving record. So if you change carriers they will see it. What would you do if you were the insurance company ad saw a 3 day alcohol suspension. Only chance to fight it is at the roadside. You can demand a second test with a new alcotest. I figure that while people are told it will not affect insurance it will. They will put you on a higher classification and charge you more. Here from what I have seen if people get a Alcohol ticket( novice violation) they do not usually offer deal and will take it to court. ops copper
While it may not affect your current premiums it is on your driving record. So if you change carriers they will see it. What would you do if you were the insurance company ad saw a 3 day alcohol suspension.
Only chance to fight it is at the roadside. You can demand a second test with a new alcotest.
I figure that while people are told it will not affect insurance it will. They will put you on a higher classification and charge you more.
Here from what I have seen if people get a Alcohol ticket( novice violation) they do not usually offer deal and will take it to court.
I followed the procedures mentioned in the previous threads regarding the disclosure and received it today. My court date is November 5 2009 in Whitby. After going through the notes I realized 2 things:
1- the notes are horribly illegible and difficult to read
2- I have notes from two different officers.
Now I am not sure if this means that both the officers will be at court for the hearing or…
I hope I can paint the picture with the accuracy that the truth deserves. I have no intention of just beating a ticket.. but more like beating a really unfair ticket. You decide!
I had entered Canada after a short trip downsouth through Detroit on my way to Toronto. Not being equipped with a GPS unit I had to rely on the printable poorman's version from Mapquest. I followed Huron Church Rd.,…
Need an expert advice here. 10 days ago I got a speeding ticket. Ticket has a fatal error on its face-offense not known to law. It says speeding 75km/hr in posted 60km/hr zone. What is the best way to proceed?
1. Should I completely ignore this ticket and let the JP to quash it?
2. Should I go with option 3 - request a trial and force the fatal error by not showing up at court?
My name is Brian. I am in my late 20s and live in Toronto. I do not own a car but half a dozen times a year I rent one with my Visa. (To get out of the city and go to a beach or ski for example.)
I have never drunk and drive but I face a problem and Im wondering if anyone can tell me what to do. Several months ago I was at a weekend party and had quit a bit to consume. When I stopped…
I was travelling east bound on ellesmere road and approached markham road attempting to make a right turn. All signal lights were red and cars traveling down markham road south were given the green arrow. I slowed down and attempted to make the right turn. I got ticketed by a cop who was parked in a gas station facing the intersection in a (no parking zone). I…
Crested a hill, officer coming at me, pulled a u turn and pulled me over.
I will go back and look again but I thought I was in an 80 not a 70 and I am positive I wasn't doing more than 120. My speedo read 110-115. I have aftermarket tires and rims so I assume this would be the difference.
It was around 7pm, already dark, nobody on the road but myself,…
I am looking for the case law that is commonly used when the prosecution says they only need to disclose the testing pages of a radar manual or laser manual.
I am only interested in the binding decisions (appeals court or higher?), and not in the non-binding Justice of the Peace decisions.
I was pulled over two nights ago and charged with failing to stop a stop sign. On the ticket, it says 'disobey stop sign - foil to stop' and does not say 'fail' -- something I think may be a fatal flaw? I have been driving for 12 years with no tickets, yet I live in Brampton where insurance prices are high so I do not want to be convicted as my insurance rates will spike significantly and…
A friend of mine (who is from China and with no knowledge of English at all) asked me to interpret for him on court.
He got pulled over by a stealth patrol car last october, got 3 tickets (fail to show insurance card, using cell phones and fail to stop on right for emergency vehicle) , court date is next week. He told me his insurance expired for less than a month and other charges are false…
I understand the severity of my offences, and I can't stress how much I regret it. I know I endangered the lives of myself and more importantly others. I usually do not speed and I know running late for work is an unacceptable excuse. I will be a man and accept the consequences of my actions although I would appreciate any advice for my situation.
Guys back in january i got a speeding ticket on dvp, but i am 90% sure he did not caught me on radar, i asked for disclosure request and i just received today, I have asked for: a full copy of the police officers notes, a copy of both sides of the officers copy of the ticket, witness will say statements, speed gun manual, calibration record, repair history and officer's training certificate but…
I need some help here. So today I was on my way to get my tires changed from my winter tires to my regular summer staggered set of tires. I was driving in mississauga on my way to my destination, I got pulled over by an officer where I was given a ticket for having improper mudguards. For some context, I drive a stock 2013 C63 AMG with winter tires at the time. I was never…
I'd like to start this off by saying for the last two weeks I have been browsing the forums. I'm trying to prepare myself for an early resolution meeting with a prosecutor (in Brampton, if that matters). I have a clean record and as a teacher, I always do my best to follow rules (trying to practice what I preach!)
On December 4, 2014 I was preparing to turn right at a very busy intersection.…
I have question, today I was going to work in my normal route there is a triangle intersection with my side being the only one with a stop sign.
There's a car in front me who stopped at the stop sign, and the third-side there's a incoming car with their hazard-light flashing but they don't have stop sign, yet coming in at a slow speed.
Right after the car in front me went through the stop sign,…
On my way to work this morning I received a ticket for disobey sign. I was on Hwy 10 Mississauga in the right lane. The right lane leads to the 401 and there is a sign saying Right Lane Exits. I Tried to merge left before the on ramp as did 3 other people. We all got a ticket for doing that. Is there anything I can do? I did not realize I was breaking any law it was a dotted line where I tried to…
This is my first post, before I jump right in I would like to thank the forum, members, posters and moderators for all the information posted. I feel like I have been able to learn a lot from others experiences, so thank you all.
This will be a lengthy post. But if you are dealing with a Disobey Sign HTA 182(2) - No Straight Through Intersection you may find this extremely…
Let me start this with saying that this isn't in regards to a ticket, more a discussion surrounding front license plates and learning about the rules behind them. (Most of the quote stuff is using colloquial terms, mostly because I couldn't really find a better way to describe it; it's not meant to be offensive.)
I know Ontario law/HTA mandates having a front license plate unlike some States in…
Hi Guys! I've just had my trial day yesterday. I was not at fault but was convicted anyways.
It is such a travesty! There is no justice at the traffic court. It is just a no mercy machine to part someone with his money, no common sense applies and no reasonable argument being considered. Such a shame! The justice, the policeman and the prosecutor ganged up against me. The justice kept interrupting…
Well first of all ... glad to have found the forum - hoping to find answers to 'alot' of questions
I was unfortunate in July 2010 in that I ended up rolling my 2009 Ranger three times, through a fence and landing on the roof on a rained-out road that was/is in need of proper repair in Eastern Ontario.
I was assisted out of the vehicle by the driver who was behind me.
I was traveling down the 401, noticed a speed trap, and started flashing my lights -- in order to warn oncoming drivers.
Within a 30 seconds, a car slowed, crossed the grass, and approached me from behind. Lights appeared, and I then realised that this was an officer in an undercover car.
The officer pulled me over, and while he was polite, clearly his motivation was to…
Does anyone know the specific law, statute, Charter right to refer to when a prosecutor or justice attempts to change the charge on a ticket after a trial has begun? I assume I'd object immediately (without interrupting anyone, of course) but what would be the specific legal basis of my objection?
I was right behind a school bus that looked like it was pulling over to the side in order to turn down a side street, I saw no lights so decided to go around (wide street). Was still moving as I was passing, then as I did pass I heard horn and looked back and in fact it was pulling over to p/u school kids (was a block away from my son's school, so just assumed it wouldn't be picking up kids...it…