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Ontario Highway Traffic Act

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b.a.c above zero novice driver
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PostPosted: Tue Aug 14, 2012 3:46 pm 
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im 23 yrs old and got caught by a R.I.D.E program, failed the breathalyzer, however I explained to the cop that i drank 3 hrs before i started driving and was not drunk at all. He believed me and gave me a $110 ticket for novice driver b.a.c above zero, I had to pay a tow truck guy to take my car home and got my license suspended for 24 hrs. The cop said he was letting me off easy with this ticket, and that it wouldnt show up on my driving record, is that true? Also, how would u suggest fighting this ticket? Thnx everyone.


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Re: b.a.c above zero novice driver
PostPosted: Tue Aug 14, 2012 5:35 pm 
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Do you have your G license? Assuming it's your G2 if that's what you were hit with.


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Re: b.a.c above zero novice driver
PostPosted: Tue Aug 14, 2012 5:55 pm 
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It will show up on your driving record and the MTO will most likely suspend our license for 30 days as they consider this a significant breach to the graduated licensing system.


Tough to beat as a roadside instrument was administered and this showed a presence of alcohol pus there was your admission to drinking. It is not just the cops opinion that he smelled alcohol.


OPS


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Re: b.a.c above zero novice driver
PostPosted: Wed Aug 15, 2012 10:58 pm 
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i have a g2, and the cop told me he was letting me off easy, in what sense?


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Re: b.a.c above zero novice driver
PostPosted: Thu Aug 16, 2012 8:56 am 
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According to your original post, you said you failed the "breathalyzer". I assume you meant the roadside test. Normally you would have been taken to the police station for a breathalyzer test after that and if you failed, you would now be facing a Criminal charge. That's how you got off easy.


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Re: b.a.c above zero novice driver
PostPosted: Thu Aug 16, 2012 2:59 pm 
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My license was suspended for 24 hrs for "presence of alcohol with a G2", does that make a difference?


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Re: b.a.c above zero novice driver
PostPosted: Thu Aug 16, 2012 4:47 pm 
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The 24 hr suspension is an automaitic roadside suspension. If you are convicted of the novice driver b.a.c above zero, you will be suspended by the MTO for a further 30 days.
I'm surprised that the officer let you off with the provincial offences if you blew a fail.


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Re: b.a.c above zero novice driver
PostPosted: Thu Aug 16, 2012 5:00 pm 
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is there any way to avoid the 30 day license suspension in my situation?


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Re: b.a.c above zero novice driver
PostPosted: Thu Aug 16, 2012 5:39 pm 
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The only way to avoid the suspension is to be found not guilty.


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Re: b.a.c above zero novice driver
PostPosted: Tue Aug 21, 2012 6:51 pm 
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Perfect, ill let the paralegal do his work from this point on, thanks for all the help


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