Hi, this happened to me a couple of years ago and it's still bugging me. Every time I tell the story everyone says I'm lucky, but at the same time it was an eye opener for me. Was out one night with friends and drinking, obviously was watching my intake through the night. At the end I made the choice of driving. It was the end of November and the weather was extremely cold. We left the pub and within minutes I had a officer following me. He followed me for about 15 minutes before initiating a stop when I pulled into a local 7/11 store. Regular routine, license etc. Told me he pulled me over because my sticker was expired (30 days over) but also because he suspected that we were drinking because we came from an Irish pub and I had an irish flag in the back window of my car & because I'm Irish. My buddy, whose drunk, told the officer that's profiling and it's wrong. On a side note at the time it was a very big problem here with the officers and many were disciplined for it. Anyways I was honest with the officer and told him yes. He asked if I would agree with some tests I complied. I passed the initial roadside tests, then he asked if I would do a breath test. I agreed. This is the part that bugs me.. he got the tester from between his center console and the seat, keep in mind that it's almost -25c and there is a windchill in effect. I blew the first time and he said I would have to do it again because he didn't think it was right...(displayed a bunch of letters) he turned if off then back on then I did it again.. this time came up with 0.03. Again he asked if I would do it a third time because he still wasn't convinced. I did it a third time and this time it came up with "F". He told me to wait and he went back to his car. After a couple minutes he came back and told me I had two options 1. 3 day suspension because I admitted that I had drank & he can smell it on me. 2 go to the station and do a test there. I chose option 1. he advised me that after following me & my initial test he suspected that I was in the "warn range" Was given a ticket for the sticker & suspension. Was able to leave the car at the store where my wife picked it up in the morning (after getting new sticker) & 3 days later went and got my license back. Now here's the confusion... WTF was going on with the breathalizer? Also on my record all it says it admin discipline plate validation. and the really confusing thing my rates never went up.. in fact they've gone down in the last 2 years since this happened. I've read that insurance companies can't use Admin discipline against you.. is this correct? Just to add since this happened even if I have one beer I don't touch my car for at least 3 hours.
Hi, this happened to me a couple of years ago and it's still bugging me. Every time I tell the story everyone says I'm lucky, but at the same time it was an eye opener for me.
Was out one night with friends and drinking, obviously was watching my intake through the night. At the end I made the choice of driving. It was the end of November and the weather was extremely cold. We left the pub and within minutes I had a officer following me. He followed me for about 15 minutes before initiating a stop when I pulled into a local 7/11 store. Regular routine, license etc. Told me he pulled me over because my sticker was expired (30 days over) but also because he suspected that we were drinking because we came from an Irish pub and I had an irish flag in the back window of my car & because I'm Irish. My buddy, whose drunk, told the officer that's profiling and it's wrong. On a side note at the time it was a very big problem here with the officers and many were disciplined for it.
Anyways I was honest with the officer and told him yes. He asked if I would agree with some tests I complied. I passed the initial roadside tests, then he asked if I would do a breath test. I agreed. This is the part that bugs me.. he got the tester from between his center console and the seat, keep in mind that it's almost -25c and there is a windchill in effect. I blew the first time and he said I would have to do it again because he didn't think it was right...(displayed a bunch of letters) he turned if off then back on then I did it again.. this time came up with 0.03. Again he asked if I would do it a third time because he still wasn't convinced. I did it a third time and this time it came up with "F". He told me to wait and he went back to his car. After a couple minutes he came back and told me I had two options 1. 3 day suspension because I admitted that I had drank & he can smell it on me. 2 go to the station and do a test there.
I chose option 1. he advised me that after following me & my initial test he suspected that I was in the "warn range" Was given a ticket for the sticker & suspension. Was able to leave the car at the store where my wife picked it up in the morning (after getting new sticker) & 3 days later went and got my license back.
Now here's the confusion... WTF was going on with the breathalizer? Also on my record all it says it admin discipline plate validation. and the really confusing thing my rates never went up.. in fact they've gone down in the last 2 years since this happened. I've read that insurance companies can't use Admin discipline against you.. is this correct?
Just to add since this happened even if I have one beer I don't touch my car for at least 3 hours.
Your story is a little confusing and I have a few questions, clarifications, etc.... 1. What province was this in? Because in Ontario we do not conduct Field Sobriety Tests as you described. 2. F on the roadside stands for FAIL. It means you're placed under arrest for Over 80mgs operation and transported to a police station to conduct another breath test. 3. Who knows what was going on with the breathalyzer - it appeared to not be working properly at the time, which is likely what saved your skin. 4. Just FYI, police don't need any particular reason to stop you while you drive, only to ensure the driver is sober, insured, licenced and that the vehicle is mechanically fit. Stopping you because he saw you coming from a bar is not profiling. I highly doubt he said "I pulled you over because you came from an Irish pub, you have an Irish flag in your car and you're Irish". Out of curiosity, what police service had a problem with profiling the Irish? Sounds absurd. 5. Generally, the series of events that you described is not how it goes. It goes like this: police stop your car, smell booze on you... they then make a DEMAND that you provide a suitable sample of your breath into an approved screening device to see if you're legal to drive. If you REFUSE this test, you placed under arrest and charged with the criminal offence of refusing a breath sample. If the officer does not use the test and believes on reasonable grounds that your ability to operate a motor vehicle is impaired by alcohol, he will arrest you for the criminal code offence of Impaired Driving. If you agree to do the roadside test, and you pass, you're free to go. If you blow between 0.05 and 0.08, your DL is suspended for minimum of 3 days. If you fail the test (Result of 'F'), you are arrested and brought before a qualified breath technician to conduct further tests into the blood alcohol concentration level and you'll likely be charged with Over 80mgs operation.
pirish wrote:
Hi, this happened to me a couple of years ago and it's still bugging me. Every time I tell the story everyone says I'm lucky, but at the same time it was an eye opener for me.
Was out one night with friends and drinking, obviously was watching my intake through the night. At the end I made the choice of driving. It was the end of November and the weather was extremely cold. We left the pub and within minutes I had a officer following me. He followed me for about 15 minutes before initiating a stop when I pulled into a local 7/11 store. Regular routine, license etc. Told me he pulled me over because my sticker was expired (30 days over) but also because he suspected that we were drinking because we came from an Irish pub and I had an irish flag in the back window of my car & because I'm Irish. My buddy, whose drunk, told the officer that's profiling and it's wrong. On a side note at the time it was a very big problem here with the officers and many were disciplined for it.
Anyways I was honest with the officer and told him yes. He asked if I would agree with some tests I complied. I passed the initial roadside tests, then he asked if I would do a breath test. I agreed. This is the part that bugs me.. he got the tester from between his center console and the seat, keep in mind that it's almost -25c and there is a windchill in effect. I blew the first time and he said I would have to do it again because he didn't think it was right...(displayed a bunch of letters) he turned if off then back on then I did it again.. this time came up with 0.03. Again he asked if I would do it a third time because he still wasn't convinced. I did it a third time and this time it came up with "F". He told me to wait and he went back to his car. After a couple minutes he came back and told me I had two options 1. 3 day suspension because I admitted that I had drank & he can smell it on me. 2 go to the station and do a test there.
I chose option 1. he advised me that after following me & my initial test he suspected that I was in the "warn range" Was given a ticket for the sticker & suspension. Was able to leave the car at the store where my wife picked it up in the morning (after getting new sticker) & 3 days later went and got my license back.
Now here's the confusion... WTF was going on with the breathalizer? Also on my record all it says it admin discipline plate validation. and the really confusing thing my rates never went up.. in fact they've gone down in the last 2 years since this happened. I've read that insurance companies can't use Admin discipline against you.. is this correct?
Just to add since this happened even if I have one beer I don't touch my car for at least 3 hours.
Your story is a little confusing and I have a few questions, clarifications, etc....
1. What province was this in? Because in Ontario we do not conduct Field Sobriety Tests as you described.
2. F on the roadside stands for FAIL. It means you're placed under arrest for Over 80mgs operation and transported to a police station to conduct another breath test.
3. Who knows what was going on with the breathalyzer - it appeared to not be working properly at the time, which is likely what saved your skin.
4. Just FYI, police don't need any particular reason to stop you while you drive, only to ensure the driver is sober, insured, licenced and that the vehicle is mechanically fit. Stopping you because he saw you coming from a bar is not profiling. I highly doubt he said "I pulled you over because you came from an Irish pub, you have an Irish flag in your car and you're Irish". Out of curiosity, what police service had a problem with profiling the Irish? Sounds absurd.
5. Generally, the series of events that you described is not how it goes. It goes like this:
police stop your car, smell booze on you... they then make a DEMAND that you provide a suitable sample of your breath into an approved screening device to see if you're legal to drive. If you REFUSE this test, you placed under arrest and charged with the criminal offence of refusing a breath sample. If the officer does not use the test and believes on reasonable grounds that your ability to operate a motor vehicle is impaired by alcohol, he will arrest you for the criminal code offence of Impaired Driving.
If you agree to do the roadside test, and you pass, you're free to go. If you blow between 0.05 and 0.08, your DL is suspended for minimum of 3 days. If you fail the test (Result of 'F'), you are arrested and brought before a qualified breath technician to conduct further tests into the blood alcohol concentration level and you'll likely be charged with Over 80mgs operation.
No, I am not the chief of Toronto Police.
No, I do not work for Toronto Police...
... it is just a name folks
Note Yes we do field sobriety tests in Ontario. I should know as I am qualified to give them. Usually they are done when you suspect drug induced driving but they can also be used for alcohol intox. OPS
Note Yes we do field sobriety tests in Ontario. I should know as I am qualified to give them.
Usually they are done when you suspect drug induced driving but they can also be used for alcohol intox.
....really! I was taught at OPC (years ago, mind you) that they werent done in Ontario. I guess they ARE done for DRE.... I didnt know they were done for alcohol too. Thanks OPS.
....really! I was taught at OPC (years ago, mind you) that they werent done in Ontario.
I guess they ARE done for DRE.... I didnt know they were done for alcohol too.
Thanks OPS.
No, I am not the chief of Toronto Police.
No, I do not work for Toronto Police...
... it is just a name folks
Standard Field Sobriety trained officers act as screeners and can test for alcohol & drugs...just did the course last month, very intense week with lots of field testing on willing guinea pigs...if the tester believes impairment by alcohol or drugs then either Intoxylizer and/or DRE. New provisions in the CCC (2008?) provide for requirements to comply with testing.
Standard Field Sobriety trained officers act as screeners and can test for alcohol & drugs...just did the course last month, very intense week with lots of field testing on willing guinea pigs...if the tester believes impairment by alcohol or drugs then either Intoxylizer and/or DRE.
New provisions in the CCC (2008?) provide for requirements to comply with testing.
I can't say what you saw on your first blow because neither can you but my best guess is the machine rebooted maybe due to the plug conin loose in the cigarette lighter. The second blow most likely said E0 which would look like 03 upside down because you weren't blowing long enough. The F was a fail. You got a lucky break and I would never ever give someone a break with drinking and driving. I won't start my rant here. As for the profiling he got a drunk driver off the road. You were at a pub no matter what kind it was and you were driving drunk. The end.
I can't say what you saw on your first blow because neither can you but my best guess is the machine rebooted maybe due to the plug conin loose in the cigarette lighter. The second blow most likely said E0 which would look like 03 upside down because you weren't blowing long enough. The F was a fail.
You got a lucky break and I would never ever give someone a break with drinking and driving. I won't start my rant here.
As for the profiling he got a drunk driver off the road. You were at a pub no matter what kind it was and you were driving drunk. The end.
How is it everyone else's fault YOU comitted an offence?
I got my first ticket(s) in 15 years, for a rolling stop of the Gardiner West ramp at Yonge, by a whole bunch of cruisers under the bridge pegging off people 1 by 1. I didn't have my wallet, so 1 ticket no licence surrendered, 1 ticket fail to stop.
1)Should I use a professional rep in court? or
2) My natural thought would be to pay the no licence ticket, and reschedule the court date later for…
Yesterday, I made the stupidest mistake of my entire life. I was on the way back to my apartment after studying at school. It was around 8:30 pm. What happened is that I tried to follow the curve of the road, which is very icy because the city truck does not usually pour salt on the road ( there was a snow storm in the early morning that day), I was going 55-60 km/hr. The speed limit was 50km/h.…
When one gets a ticket and at the time of the ticket, the COP had video taped the interaction, can the COP delete the video legally even though it holds evidentuary value should it go to trial ?
The officer observed him driving by from about 20 meters away. Given that the officer allegedly didn't see the seatbelt. Is this evidence ? My point would be that evidence requires you to actually see something, not seeing something is not evidence ?
alright well last night (march 19th) at 12:55 am i had recieved 2 tickets the first was failing to stop at a stop sign (i did a rolling stop) and it was dated the 19th the second ticket that i got at the exact same time was dated the 18th. The second one was because i had a blood alcohol level of 0.0025 instead of zero (i have a g2)
I'm considering buying a strap-on motor for a bicycle for this summer, such as the one at www.motorizedbicycle.ca/bicyâ¦ant-head-bike-motor-kit.html . However, I haven't been able to find any clear answers about what part of the law, if any, they fall under. The kit in question has a motor with a displacement of more than 50 cubic centimeters, which seems to mean it doesn't fall under the HTA's…
I was turning left from Creditview into the left lane of Argentia Road (in Missisauga), while a police cruiser driving the opposite direction turning right into the right lane of Argentia Road. As I saw the cruiser turning right into the right lane of Argentia Road, I also turned left into the left lane of Argentia Road. The officer stopped me and told me that I was wrong, I had to wait until…
Bac above zero, g2 driver, 24 hour suspension. Had half a beer and drove 1 hr later. Failed breathalizer. I am in police foundations college course, did i ruin my future career? First offence, otherwise clean.
So here is my situation, I was accused of speeding 127 km/h in a 100 km/h zone.
My ticket says contrary to "Highway Traffict Act #128". Set fine calculated by the officer is $101.25 ( $3.75/km). Plus $30 for court charges and Victim charges to a total of $131.25.
However, according to section 128 i should be paying 27 x $4.5/km = $121.50 + Plus $30 for court charges and Victim charges to a total of…
So I was driving this morning to work at a new location in Toronto. I made a left turn into a street and a police officer was there waiting. He informed me you cannot make left turns between 7-9am. I told him I did not see or notice any sign. I have a clean driving record and never got a ticket before. Nonetheless, he hit me with a disobey sign ticket ( 182.2). I went back to the…
I was served with a Fail to Surrender Insurance Card (S3(1) of Compulsory Auto Insurance Act). He received it within the jurisdiction of Barrie POA. The trial is scheduled for November 14 2017.
I was stopped by Barrie OPP on my way back from a weekend up in Midland ON on June 28, 2017 and I originally had a digital copy of my insurance card but the officer wouldn't have it. He required a…
i recently got pulled over by an opp in and undercover car for going 118 in an 80.
I am planning on fighting it because i cant really afford the $283 ticket or the 4 demerit points because i have already gotten a speeding ticket in the states which got me 3 demerit points.
so here is my story, i was following a van that was going to slow for my liking so i…
I've been researching for months for defence strategy and basic trial information regarding my speeding ticket. However, the information is so conflicting that I have no confidence whatsoever that I know what I'm doing.
I didn't get this info from a friend of a friend, it came from this website, court officials, case laws, and a consultation with a traffic ticket fighting company.
Hi Gang. I'm back, but I'm asking for a friend this time.
A friend received a ticket the other day for driving 87 km/h in a 70 km/h zone. The problem is it's a posted 80 zone (I've verified this fact with him). Is an incorrectly identified speed limit a fatal error? There isn't a police officer in the province who would stop a driver who's only 7 km/h over the limit, so if the officer had realized…
Need some help here for the 1st time speeding ticket?
Sunday morning 12:10am when I was going home from work I was doing bit speeding on Gardiner. I was going with about 130km/h. I know its fast. I always take the same way and I know where the cops hide. They always hide entrance of the highways. If I will do speeding I always look my back and did look this time too. I took gardiner…
I have several problems and I'm wondering what my options are. This past weekend I was driving home from Lake Huron and was caught going 112 in an 80km/h zone. I am currently on my Quebec probationary license which is revoked at 4 demerit points. The penalty in Quebec for going +32 km/h over is 3 demerits, but even then it's cutting things close. The Ontario penalty is 4 demerits, will I receive…
I was pulled over for not having the front plate on the bumper, the plate was VERY clearly visible on the dash from the front. The only reason the officer pulled me over because the car is flashy and stands out. I was not speeding or doing anyting wrong. He insisted that it has to be on the bumper, I asked him to show me that in the HTA and he said that he could not as its common sense that it…
i was driving my dad's car when i was caught by the red light camera in Brampton. My dad would've to take time off work to go ask for a trial and then go to one.
Can i represent him? if yes, what do i need to do?
I'll tell the story of the accident quickly.. I was coming back from work near the airport around 6pm, when I got near Dufferin and Steeles. I approached a red light and my brakes completely stopped working, I pressed on it and it went all the way down loosely, I tried to go into the island separating the streets but ended up crashing into 3 cars waiting at the light. Nobody was seriously hurt…