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Novice Driver B.A.C Above 0%
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PostPosted: Mon May 23, 2011 5:48 pm 
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Joined: Mon May 23, 2011 5:23 pm
Posts: 8
heres the story
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?


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Re: Novice Driver B.A.C Above 0%
PostPosted: Mon May 23, 2011 8:35 pm 
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Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
The officer should have seized your licence since you had BAC above zero and served you a notice of suspension, not sure why he didn't. I guess he doesn't really have to by law, but he should have for liability reasons if nothing else. Just be aware that it's possible your licence could still have been suspended even if the officer forgot to seize it. If that is the case, your licence is suspended for 24 hours from the time of offence and you're required to pay a $150 reinstatement fee to have your licence reactivated afterwards. If you have any doubt, I would suggest checking with the MTO to verify you're licence is still valid. Once you're convicted of the charge, you'll also face another 30 day suspension for violating your novice licence condition.

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.


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Re: Novice Driver B.A.C Above 0%
PostPosted: Mon May 23, 2011 8:54 pm 
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do i have to repay that fee both times after both suspensions ?


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Re: Novice Driver B.A.C Above 0%
PostPosted: Mon May 23, 2011 9:16 pm 
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Joined: Thu Aug 27, 2009 10:06 pm
Posts: 354
The 24 hour roadside suspension has no reinstatement fee and the DL is taken and 24 hrs later the driver can attend the station to get it back.

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.

gs


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Re: Novice Driver B.A.C Above 0%
PostPosted: Mon May 23, 2011 9:20 pm 
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option 2 on my ticket says i want to appear before a justice to enter a plea of guilty and make submissions. what if i do that?


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Re: Novice Driver B.A.C Above 0%
PostPosted: Mon May 23, 2011 9:41 pm 
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also if i just pay the ticket when will the suspension kick in? will it be as soon as the payment is made? will i be notified when it starts and ends?
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?


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Re: Novice Driver B.A.C Above 0%
PostPosted: Mon May 23, 2011 9:51 pm 
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Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
The suspension would take effect shortly after conviction (guilty plea or found guilty). The Ministry would serve you notice by mail of your suspension taking effect.

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.


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Re: Novice Driver B.A.C Above 0%
PostPosted: Mon May 23, 2011 10:06 pm 
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war1000 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?


topic3024.html
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


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Re: Novice Driver B.A.C Above 0%
PostPosted: Mon May 23, 2011 10:18 pm 
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Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
No, option 2 means you're pleading guilty to the offence you were charged with. To plead to a different charge, you'll have to make a deal with the Crown. Pick option 3 and request a first attendance meeting. See if the Crown is willing to offer a deal.


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Re: Novice Driver B.A.C Above 0%
PostPosted: Mon May 23, 2011 10:29 pm 
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Joined: Mon May 23, 2011 5:23 pm
Posts: 8
i assume the reason he gave me my license back was for the following reason.:
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.


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Re: Novice Driver B.A.C Above 0%
PostPosted: Mon May 23, 2011 10:51 pm 
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Joined: Mon May 23, 2011 5:23 pm
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if i decide to take option 3 and fight the charge all together. will the suspension not begin till after the court date and sentencing? or after the 15 dyas aloud on the ticket?


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Re: Novice Driver B.A.C Above 0%
PostPosted: Mon May 23, 2011 11:00 pm 
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Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
No, as OPS clarified, there is no reinstatement with the roadside 24 hour suspension. Even if the officer had suspended your licence, as long as 24 hours has passed, your licence is valid again. If you get the 30 day suspension, then you'll need to get your licence reinstated.

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).


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Re: Novice Driver B.A.C Above 0%
PostPosted: Mon May 23, 2011 11:16 pm 
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Joined: Mon May 23, 2011 5:23 pm
Posts: 8
if i took option three would i need to get legal rep.? could i do it myself? is it looked down on if i don't have it?
i have been in contact with xCoppers


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