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G2 driver, BAC .03%, 2 tickets. Does it affect insurance?
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PostPosted: Mon May 24, 2010 4:47 pm 
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Hey
Last week, around 9:30 at the Britannia water purification plant (Ottawa), undercover cops put on their lights. I was outside of my mom's vehicle (van) about to go for a simple #1 in the bushes (even had a bunch of tissues in my hands) when one officer asked me what I was doing (my bf was also in the passenger seat). I told him I was going in the bush and was waiting for friends. He then asked if I had any weed, I said yes (had less than .5g and wasnt even planning on smoking), went to go get it for him in my huge backpack when a second cop(X) told me to put my hands behind my back. Shocked, I asked cop #1 why he even came up to us, to then be told that we were trespassing. I argued (no attitude) saying I always come down there, never saw "no trespassing"/"private property" signs, ALWAYS see people walking (old/young/family/dogs) and that theres walking trails everywhere. He didnt really care. X then asked me if I had anything to drink, I honestly said yes to 1 1/2 beers (glass), 1 hour ago and agreed to to a breathalyzer test. At first he accused me of being full on drunk because I "reeked" of beer (beer + (no food, being a girl, nothing else to drink for almost the whole day) = only thing you can smell) and said that my speech was slurred after I forgot the word "glass". I explained nicely that french is my first language, to check my drivers license for my name and he still didnt believe me and kept saying that I loved to make up excuses. He felt like an idiot when I blew 0.34% (tried to convince me that it was .34 at first). His partner said that even for a G2 driver I couldnt have above zero but that he wouldnt charge me for much.

Then, after getting my bag and myself checked, without asking, X opened the trunk and searched. Since the trunk was full of golf stuff, my mom put a few boxes of empties including 2 unfinished and open liquor bottles in a metal container (open), on the floor, between the last (3rd row) of seats and the 2nd row. The tequila was in a tied shut plastic bag (X ripped open to get bottle) and I had not even a cm of blue curacao left. Cop #1 told us that since the bottles were out of reach, we wouldnt get anything. Also, it was impossible to believe that I had drank any of those bottles since tequila smells wayyy different than beer and blue curacao is, as it says, blue, therefore, very noticeable on one's tongue.

Thinking that I was going to get my license suspended or something only, X comes back with 2 tickets.
1- G2 license holder with a BAC above zero, $110
2- Open bottles of liquor in a motor vehicle, $210

Do these ^ affect my insurance? Everything I'm reading implies the word "DUI" so I don't know if I'm considered in there?

I was thinking of fighting the open bottle ticket but a few people convinced me otherwise, saying the cop will bring up everything that happened that night to let the judge know that he was "nice"(only one was, X was not). I was very honest and upfront to both officers, cooperated as much as I could but I find this ticket unfair.
Your thoughts about it??

Thank you so much for all of you who reply!

officer name and poster surname edited out for safety/security issues by HTA Forum Moderator HB


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PostPosted: Mon May 24, 2010 7:08 pm 
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The police may be freindly, as should you, but the police are not your freind. You have incriminated yourself by admitting to have weed. Whatever you did earlier in the evening that may not be legal, It is up to the officer to figure that out. Never admit anything, make him figure it out on his own. If they want to search tell them to get a warrent. if they search with what they figure is probable cause dont be rude, but make sure they know you do not consent to the search.


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PostPosted: Mon May 24, 2010 7:26 pm 
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They were going to search my bag anyways since they did that with our friends who ended up coming down (they tried to turn around when they saw cops around my van). Since they had asked if I had anything, I told them the truth because at that point I knew X was an a-hole and didnt want to aggravate the situation by lying. Even by being honest and friendly they did what they did so imagine if I would've lied? They wouldnt have been as nice about the first ticket.
but thanks for your opinion!


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Re: G2 driver, BAC .03%, 2 tickets. Does it affect insurance
PostPosted: Mon May 24, 2010 9:49 pm 
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There's a lot of issues in your post so I'll try to address some of them inline. I hope my responses don't come across as abrasive or rude, I'm just trying to be blunt and keep my answers brief.

Gen_V wrote:
Hey
Last week, around 9:30 at the Britannia water purification plant (Ottawa), undercover cops put on their lights. I was outside of my mom's vehicle (van) about to go for a simple #1 in the bushes (even had a bunch of tissues in my hands) ***This is a ticketable offence as well, FYI*** when one officer asked me what I was doing (my bf was also in the passenger seat). I told him I was going in the bush and was waiting for friends. He then asked if I had any weed, I said yes ***you just gave the officer grounds to arrest you and search your person and vehicle***(had less than .5g and wasnt even planning on smoking)***irrelevant to the possession issue***, went to go get it for him in my huge backpack when a second cop(X) told me to put my hands behind my back.***Of course he did, from a safety standpoint he's not going to allow you access to a bag where you could have a weapon*** Shocked, I asked cop #1 why he even came up to us, to then be told that we were trespassing.***There may or may not have been signs, but it's irrelevant since it's a public works facility - under the Public Works Protection Act he could have searched you and your vehicle for NO reason at all. *** I argued (no attitude) saying I always come down there, never saw "no trespassing"/"private property" signs, ALWAYS see people walking (old/young/family/dogs) and that theres walking trails everywhere. He didnt really care. X then asked me if I had anything to drink, I honestly said yes to 1 1/2 beers (glass), 1 hour ago and agreed to to a breathalyzer test. ***Just to clarify, you didn't really have a choice. If you had refused you would have been charged criminally*** At first he accused me of being full on drunk because I "reeked" of beer (beer + (no food, being a girl, nothing else to drink for almost the whole day) = only thing you can smell) and said that my speech was slurred after I forgot the word "glass". I explained nicely that french is my first language, to check my drivers license for my name and he still didnt believe me and kept saying that I loved to make up excuses. ***I understand that French is your first language but the symptoms you described mimic the those an intoxicated person would display so it's not surprising that he might think that*** He felt like an idiot when I blew 0.34% (tried to convince me that it was .34 at first). ***It is .34, that's the output format of the roadside device***His partner said that even for a G2 driver I couldnt have above zero but that he wouldnt charge me for much.

Then, after getting my bag and myself checked, without asking, X opened the trunk and searched. ***They have the authority to do both since you were under arrest***Since the trunk was full of golf stuff, my mom put a few boxes of empties including 2 unfinished and open liquor bottles in a metal container (open), on the floor, between the last (3rd row) of seats and the 2nd row. The tequila was in a tied shut plastic bag (X ripped open to get bottle) and I had not even a cm of blue curacao left. Cop #1 told us that since the bottles were out of reach, we wouldnt get anything. ***I'm having a hard time picturing the scenario you're describing but it sounds like it might not meet the criteria of the Liquor Licence Act for Open Alcohol***Also, it was impossible to believe that I had drank any of those bottles since tequila smells wayyy different than beer and blue curacao is, as it says, blue, therefore, very noticeable on one's tongue. ***It doesn't really matter whether that was the liquor your consumed***

Thinking that I was going to get my license suspended or something only, X comes back with 2 tickets.
1- G2 license holder with a BAC above zero, $110
2- Open bottles of liquor in a motor vehicle, $210

Do these ^ affect my insurance? Everything I'm reading implies the word "DUI" so I don't know if I'm considered in there? ***G2 ticket is a Highway Traffic Act offence so it does go on your driving conviction record and is considered by your insurance company. Depending on your policy it will most likely affect your rates by no small amount, but I can't speak to your policy specifically. The open liquor ticket is a Liquor Licence Act offence and thus not go on your driving record and so is not generally considered by insurance companies***

I was thinking of fighting the open bottle ticket but a few people convinced me otherwise, saying the cop will bring up everything that happened that night to let the judge know that he was "nice"(only one was, X was not). I was very honest and upfront to both officers, cooperated as much as I could but I find this ticket unfair.
Your thoughts about it??
***It definitely could have been worse. You could have been charged criminally with Posession of a Controlled Substance. If you had been, the tickets would be the least of your worries. The open liquor ticket might be a little bit of a stretch, but it's not inconceivable that you got it as a "break" because you didn't get charged criminally. If you fight it they will bring up the circumstances and you have to consider how a Justice of the Peace would view that.***
Thank you so much for all of you who reply!

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


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PostPosted: Mon May 24, 2010 9:57 pm 
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I know that I'm lucky for not getting anything for everything else that I had mentioned, that's why I'm only asking about that open bottle ticket and insurance. I'm just really worried that my parents will see my ticket once the insurance gets renewed.
Thanks for everything!


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PostPosted: Mon May 24, 2010 10:12 pm 
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Well, I wouldn't recommend trying to keep it form your parents, but it usually doesn't show up on your annual statement of renewal. That being said, if your parents get a big hike next year and call to find out why, they'll be told why.

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PostPosted: Wed May 26, 2010 3:49 pm 
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The insurance company actually said they would drop our policy since its considered a serious offence.
My mom pretty much killed me.


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PostPosted: Thu May 27, 2010 9:27 am 
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Gen_V wrote:
They were going to search my bag anyways since they did that with our friends who ended up coming down (they tried to turn around when they saw cops around my van). Since they had asked if I had anything, I told them the truth because at that point I knew X was an a-hole and didnt want to aggravate the situation by lying. Even by being honest and friendly they did what they did so imagine if I would've lied? They wouldnt have been as nice about the first ticket.
but thanks for your opinion!


I never said to lie to the officer, I said to not admit your guilty. Police cant just go around searching people and vehicles randomly. So even simply not answering questions he would probably figure your up to something but he has no proof so he cant just violate your rights. However, if you smelled of alcohol that obviously I guess that may be grounds for a search. Esp after a breathalizer, because you could be charged with drunk in public or dui .

Its wierd too I go down to that area all the time and I never have seen police. I never have seen tresspassing signs either. The filtration plant has a fence around it, this area is outside the fence.


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PostPosted: Thu May 27, 2010 1:27 pm 
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Location: In YOUR rearview mirror!
beleafer81 wrote:
Police cant just go around searching people and vehicles randomly.

It is a public works, so search of vehicles and persons is authorized

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


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PostPosted: Thu May 27, 2010 2:35 pm 
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As I said, Public Works Protection Act.

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NOTHING I SAY ON HERE IS LEGAL ADVICE.


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