G2 w/ BAC above 0...this is a nightmare

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soconfused
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by: soconfused on
Wed Mar 05, 2014 7:50 pm

hwybear wrote:And 1 glass of wine, a true legit size would be gone within one hour after the final sip, Not the 5 clear hours you advised us and 0.019 is also higher than one typical glass of wine
1 6 oz glass of (pretty good) white wine. Why would i lie on an anonymous internet forum? That's the definition of a pointless endeavour


argyll
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by: argyll on
Thu Mar 06, 2014 7:59 am

It is simply not possible to register that reading 5 hours after a single glass of wine, whatever the quality. You've come to a forum with some extremely experienced police officers who've been dealing with alcohol related investigations for decades. People downplay the amount they drank all the time.
Former Ontario Police Officer. Advice will become less relevant as the time goes by !


bend
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by: bend on
Thu Mar 06, 2014 8:01 am

soconfused wrote:1 6 oz glass of (pretty good) white wine. Why would i lie on an anonymous internet forum? That's the definition of a pointless endeavour
A common serving of wine (5oz) at common percentages (12%) will not give you a 0.019 nearly 5 hours later, period. It's not even close to being a reality. I don't even have to know your gender or weight to know it's not happening. If I went by the information given and had to estimate your attributes, I'd have to assume you're either male or female between the ages of 4-9. At that point I'd have to start wondering how you see over the dashboard.










hecubus
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by: hecubus on
Fri Nov 28, 2014 1:06 pm

soconfused wrote: I fought the charges and won the case. No fines, suspensions, plea bargains or points.
Could you please provide more details on exactly how you managed to win the case? IMO, the events that occur within the court (or beforehand with the prosecutor) are some of the most interesting bits of information available from this discussion forum. Thanks in advance.


soconfused
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by: soconfused on
Fri Nov 28, 2014 1:48 pm

hecubus wrote:
soconfused wrote: I fought the charges and won the case. No fines, suspensions, plea bargains or points.
Could you please provide more details on exactly how you managed to win the case? IMO, the events that occur within the court (or beforehand with the prosecutor) are some of the most interesting bits of information available from this discussion forum. Thanks in advance.
Sure. At the basic level, I won because I was honest with myself about what my situation was. There is no discretion in the law so I couldn't argue that I didn't have a bac over 0. So I had 2 options, argue for leniency (first offence, undue hardship, proactive behaviour) or work the system as much I could.

I chose to do both, the leniency argument was my back up. I started by asking for a trial. Then I submitted a disclosure request (including video). I got only paper disclosure by the first trial so the case got adjourned. Leading to next date, I submitted a second request for the video. None came. At trial I had assumed it would pushed out again. My next availability meant that I would be eligible for 11b if we adjourned.

However, at trial, I learned that the video was lost somewhere in the bowels of administration. The prosecutor wanted to withdraw charges but the cop asked for adjournment (serious charge). This is where I started to win.

If I could give one piece of advice it's that you have to be confident and not scared. Most people get intimidated at the stand and just want to gtfo. You're fighting for yourself there, be strong.

Prosecutor started by saying this was a first appearance, I butted in to correct (second appearance). The judge asked about the missing disclosure and was told that the cop had requested it months ago but it never came. They didn't know where it was and wanted to adjourn. Judge asked me if I agreed to adjournment. I said no, asked for withdrawal of charges. Was asked why and I went on a mini rant about how this was a second appearance, the process had already cost me 4 days of work and $300 bucks. I pointed out that I requested disclosure on 2 separate occasions and that my next availability was in April.

Judge pointed out that through no one's fault, the process had been drawn out and commended me on being proactive with the disclosure requests and the effort I put in for it and then said the magic words "the request for adjournment is denied, all charges are withdrawn"

Best part: walking back to my seat, the old OPP officer I was sitting next to says "good job buddy".

I should point out that I am fully aware of the gravity of the charges and I am still gutted that I did that. However, self-preservation is essential when my income depends on driving. I regret driving that night, but I don't apologize for fighting the charge








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