i am 25 with a G2 Drivers license. had a lot to drink saturday night. woke up the next morning and drove home around 1pm sunday. got pulled over for speeding, police officer smelled booze had me blow a breathalyzer. i blew 0.035 . he aloud my passenger to drive my truck home. he gave me 2 tickets . 1 for speeding infractions and the other for Novice driver b.a.c over 0%. now the part that puzzles me is that he gave my driver license back and said nothing about any kind of suspension. just that i couldn't drive home.
so is it suspended? would he have kept my D.L if it was? should i fight this and if so what would i ask for them to do. i genially didn't know i was impaired if i did i wouldn't have driven. the cop was very nice and seemed to sympathizes for me. is there a chance he waved the suspense? can he do that?
as of now i have 14 days to pay the ticket or call and make a court date. if my D.L did get suspended will they send me a letter to let me know?. if i don't make a court date and pay the ticket will i still get a suspension?
i know there are a few questions but i need this answers. please help a.s.a.p. thank you so much for you time.
1. is my licenses suspened even if he gave it back on the spot? or would he have kept it?
2. is there a chance he waived the suspense? can he do that?
3 if my D.L did get suspended will they send me a letter to let me know?
4. if i don't make a court date and pay the ticket will i still get a suspension?
5. If fought could i ask for some sort of reduction to a lesser charge?
Details are here: http://www.mto.gov.on.ca/english/dandv/ ... ndex.shtml
It's certainly not a good charge to have on your record, since you'll also have a record of suspension. Your insurance company really won't like it. Unfortunately I'm guessing the Crown is unlikely to plead down the charge to a lesser offence. Any alcohol offence is taken quite seriously, and plea offers are rare in my experience. You'll have to decide if you want to try fighting the charge. You'd have to argue the officer didn't have grounds to make the demand (hard) or argue the roadside wasn't calibrated (also hard since logs should be kept of device calibration). You'd probably want to consult a paralegal if you're serious about fighting it.
Upon conviction you are looking for a 30-60 day suspension for a "Novice violation.
This is tough to beat as it is a charge that actually has proof, namely the actual BAC reading that is not zero.
also if i go through with the suspension and pay my 150$ to get my license back will i have to get that breathalyzer ignition installed in my vehicle?
Just be advised that if you plead guilty the Justice of the Peace can lower your fine, but I don't think they have any control over the suspension. It's automatically applied by the Ministry.
And nothing gets installed in your vehicle. For the ignition interlock, you need to be convicted criminally of impaired/over 80 or have 3 "warn" ranges (BAC 50-100) within 5 years on a roadside screening device. You registered alcohol, but not quite enough for a warn range.
http://www.ontariohighwaytrafficact.com/topic3024.htmlwar1000 wrote: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?
thats where the quote is from for context
whats this breach of condition he speaks of. is what he did considered option 2 on the back of the ticket? cas this sounds better thatn what i got going on. sorry for all the questions i just wanna make a inforemed descion when it comes to make it. thank you
i was comming home from my cottage in parry sound. i live in toronto. i think maybe he did it so i wouldn't have to travel 2 hours just to get it back. since i still have my license do u think i have to go to the MTO after the 24 hours. which is up because this happened sunday at 1:40pm its now monday 10:30pm.
Option 3 means you're pleading not guilty. There would be no suspension until you're convicted (i.e. the date of your trial if you're found guilty).
i have been in contact with xCoppers
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