Violation of Novice Driver Conditions BAC over 0.0

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theferens
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Violation of Novice Driver Conditions BAC over 0.0

by: theferens on
Tue Jul 13, 2010 11:57 am

My 19 year old daughter carries a G2 license and received a 3 day roadside suspension, a $110.00 fine and a 30 day suspension for BAC over 0.00 after being stopped 2 1/2 weeks ago. Apparently the police officer knew the car she was driving - it belongs to a friend. She was asked to provide her driver's license, but not registration or insurance information. When the police officer returned to the car, he asked her to give him the keys and follow him to the rear of the car. There he asked her if she had been drinking that night and she told him she had 3 drinks earlier in the evening, but had stopped drinking at 9:00pm. He suspended her drivers license on the spot and gave he the ticket I mentioned. She was not asked to provide a breath sample.
Unfortunatley, she did not tell us about this right away and we are not sure what to do. From the research I have done, her BAC should have been 0.0 at that time, but without a breath sample, we are not sure whether we can challenge any of these suspensions or the ticket. Any advice would be so appreciated.


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Simon Borys
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by: Simon Borys on
Tue Jul 13, 2010 12:41 pm

You can't say for certain what her BAC would or should have been - there are too many factors. However, it is not proper to suspend someone's licence without administering a roadside screening device. Also, I'm not sure what the double suspension is for. Unfortunately there is no right to appeal a roadside alcohol suspension.

If the ticket was for G2 driver with BAC over 0 then I'd say you have good grounds to fight it.
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NOTHING I SAY ON HERE IS LEGAL ADVICE.


Biron
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by: Biron on
Wed Jul 14, 2010 12:14 am

.
Hi theferens:

THIS IS NOT LEGAL ADVICE
theferens wrote:My 19 year old daughter carries a G2 license and received a 3 day roadside suspension, a $110.00 fine and a 30 day suspension for BAC over 0.00 after being stopped 2 1/2 weeks ago.

When the police officer returned to the car, he asked her to give him the keys and follow him to the rear of the car. There he asked her if she had been drinking that night and she told him she had 3 drinks earlier in the evening, but had stopped drinking at 9:00pm. He suspended her drivers license on the spot and gave he the ticket I mentioned. She was not asked to provide a breath sample.

Unfortunatley, she did not tell us about this right away and we are not sure what to do. From the research I have done, her BAC should have been 0.0 at that time, but without a breath sample, we are not sure whether we can challenge any of these suspensions or the ticket. Any advice would be so appreciated.
I would hire a good lawyer or paralegal to take your daughter's case and after she is acquitted, which she should be, demand that the police officer pays for her legal fees as well as the inconvenience suffered by your daughter, which may include punitive and exemplary damages.

You may want to file a claim against the officer and the police services board in Small Claims Court. Keep track of taxi fees, rides by friends and relatives, etc.

The Supreme Court of Canada decided that both police officers and police services boards may be sue for negligence and damages.

Check the case of Hill v. Hamilton‑Wentworth Police Services Board;

Superior court
http://www.canlii.org/en/on/onsc/doc/20 ... 46543.html

Court of Appeal
http://www.canlii.org/en/on/onca/doc/20 ... 34230.html

Supreme court
http://www.canlii.org/en/ca/scc/doc/200 ... scc41.html

Most people would just be happy to be acquitted at trial and forget about it, but you have the option.

Cheers.
.


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