G2 BAC above zero

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jeffleonor
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G2 BAC above zero

Unread post by jeffleonor on

Hi All,

I know I have seen lots of posts about this topic but didn't really get a clear cut answer on how this infraction can be removed/expunged/dismissed from your record.

My offence happend May 8, 2010 and I believe August, 2010 the law has changed.

My situation is I have already paid the ticket back in 2010 and didn't know that it will appear on my record not until my current insurance provider (statefarm) sent me a letter saying they will not be insuring me because of my ticket.

I had $110 fine and 12 hours suspension.

Has anybody found a way to get this violation/infraction/offence to be removed/dismissed from their driver's abstract??
Or how to get around insurance companies raising your premiums like crazy?

Thanks,

Jeff

Any help will be appreciated.
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Radar Identified
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Unread post by Radar Identified on

Actually the law got tougher in August 2010... not much help there.

You can't get this "removed" from your record, but for this offence after three years (I think) it drops off your driver abstract. (Could be wrong though, might be a longer period.) Demerit points stay for two years, and almost all HTA convictions for three years. You can try calling a few different insurance companies to see who will insure you. Another question is, did they refuse to insure you because of the offence or was it because of the 12-hour suspension?

As far as "getting around it"... you can't really. They'll check your driver record before they insure you.
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca
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jeffleonor
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Unread post by jeffleonor on

Yes that was right, it got tougher. But it got tougher before may 8th, 2010 i believe..

Im not sure which is the reason they are ejecting me but mainly because they are now not insuring "high risk" drivers..

Its just depressing that my infraction is clasified the same way as a full blown "dui"..
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jeffleonor
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Unread post by jeffleonor on

Hi All,

Just wanted to share my findings with everyone.

1. Record will stay forever but will only come up on the driver's abstract for 3 years.
2. Insurance premiums will be affected for 3 years from date of conviction.
3. Cheapest insurance company will be Coachman Insurance.
4. If you already paid your ticket there is little to no chance for an appeal to re-open the case. Contact a paralegal/lawyer right away

Most importantly! DO NOT DRINK AND DRIVE! Ever! Trust me, it's cheaper that way. Taking a cab is even morre cheaper.
(Insurance Premium: $6,466.34)

Lesson learned the hard way.

Happy holidays!
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Simon Borys
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Unread post by Simon Borys on

I would just disagree with #4. If the right criteria are met you can certainly appeal or reopen your case.
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jeffleonor
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Unread post by jeffleonor on

Sorry let me rephrase.:)

4. If you already paid your ticket and a year and 7 months has already passed. You can appeal to have the case re-opened but there will be little to no chance of you winning. (well not unless you really have strong evidence)

Correct me if im wrong but that's the way i understood it.:)

Please do comment so we can have a good discussion.:)
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hwybear
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Unread post by hwybear on

G2 with zero BAC has been in effect since the novice driver licences started, which was late 90's.
In August 2010 is when the zero BAC changed for drivers 21 and under regardless of class of licence
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
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jeffleonor
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Unread post by jeffleonor on

That is correct.

Just for the sake of discussion. What do you guys think can win this case given that the conviction is already 1 year and 7 months old?
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Simon Borys
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Unread post by Simon Borys on

Appealing a conviction that is 19 months old will generally be difficult, of course your actual likelihood of success is always face and case specific.
http://www.boryslaw.ca
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jeffleonor
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Unread post by jeffleonor on

Say for example the the ticket indicates a warn which should have been automatic 3 days suspension for the first offence but the suspension is only 12 hours.. Can you contest that it was sort of misdiagnosed??
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hwybear
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Unread post by hwybear on

the ticket would not indicate a "warn".
The ticket would say a G2 licence holder, BAC above zero.
Now the suspension would vary pending on the result of the ASD (approved screening device) result
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
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jeffleonor
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Unread post by jeffleonor on

I mean notice of suspension.. Is that like enough evidence that the cop did not know what he was doing??
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hwybear
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Unread post by hwybear on

jeffleonor wrote:I mean notice of suspension.. Is that like enough evidence that the cop did not know what he was doing??
Only those that blow in the "warn" range get a 3 day suspension.

Novice driver's who blow any BAC "above zero" but below the "warn" range still get suspended, but not for 3 days.
Prior to the increased sanctions, the novice driver would receive a 12hr suspension plus a ticket
Today, the novice driver would receive a 24hr suspension plus a ticket
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
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jeffleonor
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Unread post by jeffleonor on

Here's my case.

I was a G2 lic. Holder at the time..
I blew above zero but below warn.

I got the right sanctions. (12hr susp and $110 fine)

But the notice of suspension says "warn" even though it wasnt..

Can this be a good argument to win the case?
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4am
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Unread post by 4am on

Hi Guys,

Thanks for valuable input, maybe you can help me out a bit here.

I have the same case, except my event took place 2 days ago.

I have G2, been driving for over 6 years (renewed my G2 License and foolishly did not pass my G, unfortunately I left it to to another time).

After picking up the girls from the club (and having 1 cocktail with them), I was stopped during ride and had a BAC of 0.02 (as I had a cocktail) - since I am a Novice Driver, even though its at warning range - I got my license suspender for 3 days and car impound for 12 hours.

My worry is the ticket that came along - $80/$110. I assume this will affect my insurance rates.

This is my second ticket in my driving history (1 for speeding 20 over) and overall I am a careful drive (no accidents etc).
What are my options to remove it from my record. I am thinking of fighting it - what are my chances of winning it? I am in a tough financial situation and am supporting my parents and my girlfriend and I am only 25.

I am applying for G test this month and am thinking of talking to the judge how I was not a danger to anyone, admitting that I did have one drink and asking him for forgiveness as my history dictates that I am a non-risky driver. Would going through X-copper be a better option?

Hope to hear some experiences and opinions that can help my scenario - your input is much valued.

Thanks!




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