BAC above Zero

Unread post by: **war1000** on

BAC above Zero

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Unread post by: war1000 on
Thu Jan 06, 2011 12:08 pm

Hi Guy,

Thanks for reading this. Please note that I already feel terrible about the situation and am deeply sorry myself for what I have done. So here is the story. This happened March 16th, 2010.

I had 2 beers at my friends place around 11:30 pm and was driving back home around 1:30 am. I only once speed up to 128 in a 80 zone on hwy7 between two stop lights (the road was completely empty on a monday night) and immidiately got caught for speeding. The officer asked me if I was drinking and I said I had a beer about 3-4 hours ago. So he asked me to do a breathalizer test, and on the 3rd try it showed an "A" on it. The officer said he could smell the alcohol on me. He gave me two tickets, one for speeding 128 in a 80 zone ($358 ticket) and the other "B.A.C. above zero" ($110 ticket). I have a G2 licence so he also suspended my licence for 3 days ($150 reinstate fee) and got the car towed away ($227 to get the car back).

Please note that this is my first offence of any kind. I am 28 and this is the first time I have ever faced a cop. I am really a slow driver on the road and am always within my limit. This is the first time I have done something this stupid (I'm not kidding).

After researching a lot I hired a lawyer to take up the case. My court date was october 16th and the lawyer was late and the judge convicted me. The lawyer was able to reopen the case. My court date is now January 20th. The lawyer told me that she requested all the notes from the officer but hasn't been provided with anything yet.

As I said, I have done a bad thing and I have learnt my lesson. Can anyone tell me if there is any hope for me? Will my insurance go up 200-300%?

Thanks a lot for all your help.

Unread post by: **Simon Borys** on

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Unread post by: Simon Borys on
Thu Jan 06, 2011 1:39 pm

That's a pretty vague question...what are you asking exactly? There's always a chance things will go your way, and there's a chance they may not. Your lawyer could advise you better than any of us.

Also, I think it's self evident that if you are convicted your insurance will go up. You'd have to ask your insurance company how much.

http://www.boryslaw.ca
NOTHING I SAY ON HERE IS LEGAL ADVICE.

Unread post by: **war1000** on

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Unread post by: war1000 on
Fri Jan 07, 2011 12:47 am

Simon Borys wrote:That's a pretty vague question...what are you asking exactly? There's always a chance things will go your way, and there's a chance they may not. Your lawyer could advise you better than any of us.

Also, I think it's self evident that if you are convicted your insurance will go up. You'd have to ask your insurance company how much.

Hi Simon,

Thank you very much for responding and i am really sorry for being vague...I think i am just very nervious right now since one of my friends called me and told me that i am f'ed. I also read on a forum not to call the insurance company now and hence I haven't called.

I am wondering since my lawyer didn't show up for the first hearing, does that have a negative impact at the reopened case hearing?

For the case date should i still attend even when the lawyer said that I don't need to?

I pay $180 per month insurance with Bel Air Direct and my friend said that the insurance will increase at least to $700 if I am convicted...is this true? also worse is that they might just decide not to cover me....what can I do to help me with the situation.

I read somewhere that I should get the G license as soon as possible...at least before my renewal date, which is Feb 18th. (my court date is Jan 20th). Is this correct?

Thank you again for reading and helping.

Unread post by: **Simon Borys** on

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Unread post by: Simon Borys on
Fri Jan 07, 2011 1:23 am

The Insurance Bureau of Canada classified G2 with greater than 0 BAC as a "serious" offence - their highest classification, along with careless, dangerous driving, racing, impaired, etc. However, I think that even in this category there is a range of how serious the offences are. One in this category is manslaughter related to driving and I'm sure that's far more serious than blowing an alert.

That being said, I think your friend is guessing, unless he has some specific information about your company or policy. No doubt it will go up, but who knows how much. I suppose they could drop you, but why would they want to do that when they can just make more money off you with higher premiums? I've seen people with horrendous records who still have insurance.

You don't have to show up but if you don't then you can't give evidence, so be sure that there's nothing you want to say with regards to the offence or with regards to sentencing.

The only way I see a full G licence helping you is that the rates usually go down when you get one, which may help combat any increase from the offence(s), but the offence will still show up as a G2 violation and your insurance company will raise the rates accordingly.

Hope that helps a little. I'm sure you're still nervous and that's natural when you're facing potentially serious consequences for a mistake you've made. Just remember that it's not the end of the world. If this is all you're facing the trust me, I've seen people in way worse situations! At least you're not looking at going to jail for this!

http://www.boryslaw.ca
NOTHING I SAY ON HERE IS LEGAL ADVICE.

Unread post by: **hwybear** on

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Unread post by: hwybear on
Fri Jan 07, 2011 8:38 am

war1000 wrote:I had 2 beers at my friends place around 11:30 pm and was driving back home around 1:30 am. >>>>>>>breathalizer test, and on the 3rd try it showed an "A" on it. .

1 drink = 15mgs of alc0hol in 100ml of blood
"A" = 50-99mgs of alcohol
2 hours

http://caaneo.ca/about/blog/blood-alcohol-calculator

Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca

Unread post by: **OPS Copper** on

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Unread post by: OPS Copper on
Fri Jan 07, 2011 3:00 pm

Alcohol elimination rate s about 20 mg per hour..unless your an alcoholic and it can be up to 40mg per hour

Someone is not being truthful in their post.

gs

Unread post by: **viper1** on

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Unread post by: viper1 on
Fri Jan 07, 2011 8:44 pm

I wondered about the 3 tries to get any reading.
I can only guess but is "A" for alcohol present?(he said G2)
I thought it was kinda like a white,yellow,red.(pass/warn/fail)

I think he should have asked for a second test, if there were only 2 beers involved.

That 3 tries stumps me or is it " blow harder" to get the reading?(til 3rd worked)

Cheers
Viper1

"hang onto your chair when reading my posts
use at your own risk"

Unread post by: **Simon Borys** on

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Unread post by: Simon Borys on
Sat Jan 08, 2011 12:39 am

The machine reads pass, A, or F or shows a BAC #. You can ask for a second sample but if you do, you run the risk of blowing an F. Then the F stands and you're arrested for over 80.

http://www.boryslaw.ca
NOTHING I SAY ON HERE IS LEGAL ADVICE.

Unread post by: **OPS Copper** on

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Unread post by: OPS Copper on
Sat Jan 08, 2011 1:21 pm

The instrument actually gives a number between 0-.39, This is regarded as a pass
A is between 4-99 This number is not returned just the letter. (technically 80 and above is threshold for charges but in Ontario this still returns an A)
F is 100 and above = trip to approved breathalyzer

Three tries is not unusual. Could be he stopped blowing or stopped blowing hard enough. It is the fault of the subject taking the test and not the instrument. I have seen all kinds of ways people have tried to beat it

Second test is a tough one. If you are still in the rise in BAC phase you could blow a A and be at 99mg/100ml BAC. Second instruemnt arrives and all of a sudden your BAC has risen slightly and Now you blow a F(100), Now you get a trip to a police station and a breathalyzer test and most likely criminal charges.

GS

Unread post by: **viper1** on

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Unread post by: viper1 on
Sat Jan 08, 2011 7:45 pm

OPS Copper wrote:The instrument actually gives a number between 0-.39, This is regarded as a pass
A is between 4-99 This number is not returned just the letter. (technically 80 and above is threshold for charges but in Ontario this still returns an A)
F is 100 and above = trip to approved breathalyzer

Three tries is not unusual. Could be he stopped blowing or stopped blowing hard enough. It is the fault of the subject taking the test and not the instrument. I have seen all kinds of ways people have tried to beat it

Second test is a tough one. If you are still in the rise in BAC phase you could blow a A and be at 99mg/100ml BAC. Second instruemnt arrives and all of a sudden your BAC has risen slightly and Now you blow a F(100), Now you get a trip to a police station and a breathalyzer test and most likely criminal charges.

GS

Thanks for the explanation OPS

If the OP had ,had only 2 beers in 2 hours.
The OP would have blown an even lower score after the extra time to station is added.

The only knowledge I have of this' is reading "Ontario Traffic Law."

It says you do not have to hand over your license until the second machine has been used
and reports a fail.

My concern is for the people that do the right thing and still get screwed.

Is OP's car towed' if they opt for the station test? And if it is true (only 2 beers no license loss) is it returned?

Thanks HYWB also.

Cheers
Viper1

"hang onto your chair when reading my posts
use at your own risk"

Unread post by: **hwybear** on

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Unread post by: hwybear on
Sun Jan 09, 2011 6:10 am

viper1 wrote: If the OP had ,had only 2 beers in 2 hours.
The OP would have blown an even lower score after the extra time to station is added.
Viper1

Viper - your out thinking this here
Simply if the OP had 2 beers, the reading would not have been an "A" (therefore no 3 day licence suspension), but rather it would show a reading between 0-49mgs. Which wouldn't really matter with the OP, as a G2 must have a BAC of ZERO = no drinking.

Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca

Unread post by: **war1000** on

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Unread post by: war1000 on
Wed Jan 12, 2011 11:32 am

hwybear wrote:
viper1 wrote: If the OP had ,had only 2 beers in 2 hours.
The OP would have blown an even lower score after the extra time to station is added.
Viper1
Viper - your out thinking this here
Simply if the OP had 2 beers, the reading would not have been an "A" (therefore no 3 day licence suspension), but rather it would show a reading between 0-49mgs. Which wouldn't really matter with the OP, as a G2 must have a BAC of ZERO = no drinking.

Thanks for the responses. Yes I had 2 beers. I was giving my friend ride home who was severly drunk. She is a heavy drinker. We made out before the car and also she kissed me at the stop light before we were pulled over. However, she didn't drink in the car. I was really nervous when it happened and I didn't mention this to the cop. This was my first time I had faced such a thing. By far the stupidest thing I have ever done.

My lawyer hasn't been very responsive to me so far. I am getting more and more worried everyday.

Is there anyway I can ask for forgiveness to the judge? Ask to give me community service instead?

The driver record search that my lawyer sent me says the following under conviction and charges:

Requires Corrective Lenses

2010/03/16 - Suspended until 1:23 aM on Mar 19, 2010, 0.05 BAC Warn Range - Administrative Suspensions, Suspsnsion No. 0756413

2010/03/19 - Reinst - Susp. Expired or Rescinded, Suspension No. 0756413

Current Demerit Points Total 00

Unread post by: **war1000** on

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Unread post by: war1000 on
Thu Jan 20, 2011 4:01 pm

My court date was today and I went and I asked the crown for forgiveness. She said if I plead guilty she would reduce my BAC ticket to "Breach of Condition" and the 48km ticket to 25km. I agreed to it and when the judge asked me if i wanted to plead guilty, I said I was sorry for my crime and the fine value was further reduced to $60 and $110.

In the court I really didn't understand what "Breach of Condition" condition meant. Is this something same as the BAC?

Unread post by: **Simon Borys** on

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Unread post by: Simon Borys on
Thu Jan 20, 2011 8:40 pm

Breach of condition of a novice licence is a catch-all charge under s. 32(9). It can be applied to any condition (i.e. driving at the wrong hour, on a highway with a G1, no accompanying driver, alcohol, etc). The advantage of this is that the insurance company doesn't know it's alcohol related. This is good for you, though they'll likely still ding you.

http://www.boryslaw.ca
NOTHING I SAY ON HERE IS LEGAL ADVICE.

Unread post by: **war1000** on

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Unread post by: war1000 on
Thu Jan 20, 2011 11:15 pm

thanks simon for your response...

I have a g2 now and I am going for my G license feb 10th.

when you say still "ding" me...does it mean they will cancel my insurance? or charge me higher?

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