ynotp wrote:Cocky... while you're at it go after them for the towing charges...

hm...that $300 did pinch quite a bit

No. Early Res is no longer an option.

Surprised that that case didn't get tossed on the 2nd trial day

I fought the charges and won the case. No fines, suspensions, plea bargains or points. Could you please provide more details on exactly how you managed to win the case? IMO, the events that occur within the court (or beforehand with the prosecutor) are some of the most interesting bits of information available from this discussion forum. Thanks in advance. Sure. At the basic level, I won because I was honest with myself about what my situation was. There is no discretion in the law so I couldn't argue that I didn't have a bac over 0. So I had 2 options, argue for leniency (first offence, undu...

slowdriver wrote:Did you tell the officer you had a glass of wine? Hopefully not, then you could argue it may of been the mouthwash you had just used in court.

I did say I had wine. Still won.

Just to close off on this matter.

I fought the charges and won the case. No fines, suspensions, plea bargains or points.

Ah nuts. Thanks anyway.

ynotp: Good idea but I wouldn't be able to afford legal help anyway.

The trial is in 2 days and I just noticed that the the ticket I received has 'Highway Traffic Act 44.1 (3)" on it. A quick google search shows me that the act in question refers to BAC>0 for G2 drivers and part 3 states the maximum penalty as a fine between $60 and $500. Does this mean, my license will not be suspended if I were to plead guilty and just pay the thing off? Subsection 4 contains the suspension penalty. Also, how do I prove undue hardship? A suspension means immediate termination and a pseudo industry ban which means I might as well kill myself since I'd die of starvation an...

hwybear wrote:And 1 glass of wine, a true legit size would be gone within one hour after the final sip, Not the 5 clear hours you advised us and 0.019 is also higher than one typical glass of wine

1 6 oz glass of (pretty good) white wine. Why would i lie on an anonymous internet forum? That's the definition of a pointless endeavour

Stanton wrote:The Courts have no control over the suspension, it's automatically applied by the MTO if you're convicted. The only way you can avoid the suspension is to either be found not guilty or work out a plea deal with the Crown to a different offence.

I'd start by requesting an early resolution meeting with the Crown and seeing if they can offer you any deal. If not you may want to proceed to trial since you don't really have anything to lose by fighting it.

Also, any idea on how far out the early resolution meetings are from the date you file the request?

Stanton wrote:The Courts have no control over the suspension, it's automatically applied by the MTO if you're convicted. The only way you can avoid the suspension is to either be found not guilty or work out a plea deal with the Crown to a different offence.

I'd start by requesting an early resolution meeting with the Crown and seeing if they can offer you any deal. If not you may want to proceed to trial since you don't really have anything to lose by fighting it.

Thanks! that's what I figured. Wonder why the officer said I 'may' get a 30 day suspension is it is the law

Anyone?

Short version: Got pulled over early friday morning for 'improper rear lights'. The officer walked over, said,"i smell alcohol." She asked me to give a breathalyzer and I blew a 0.019. I'd had 1 glass of wine with dinner about 5 hours ago. Since I have a G2, the 0.019 is illegal 10 minutes later I had 2 $110 tickets (1 for BAC, 1 for the rear lights). She gave back my license and called a tow for my car. She also said, "you may get a letter of 30-day suspension from the ministry in the mail". This is my issue: I cannot afford the 30 day suspension. I am a sales rep on the r...