Quote:
Originally Posted by Bring_Back_Shantz
After reading all of this thread (granted in pieces over the last day and a bit, but wow, what a slog), I still don't understand why you think you've got a chance on appeal.
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Because the law is written in a way that the suspension can not be legally issued unless there is a blood/breath test.
A comparison - Guy walks into a corner store and steals a chocolate bar with a value of $1.29. Prosecutors should file charges under CC322 (Theft - Under $5000), but instead they file charges for CC323 (Theft of Oyster Beds). The theft part is still correct, but an element of the allegation that is most important (that oyster beds were stolen) can not be proven because it was actually a chocolate bar that was stolen.
In the OP's case - The Officer could have suspended his licence for a 24 hour period under TSA S.89 because he admitted alcohol consumption. The Officer instead, suspended the licence for 30 days under TSA S.90. A key element to S.90 is that a breath or blood test MUST be administered (or offered and refused) in order for the Officer to hand out the suspension. Because that element was not proven (because there was no test offered), then this suspension is likely to be overturned on appeal, unless there is relevant case law from a higher court that says differently (no such case law could be found).
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OP - If you win the appeal, then it would have the same effect as a not-guilty verdict on a ticket. It would go away and not appear on your abstract and insurance could not use that as a reason to raise your rates.
Also, OP as a GDL I really hope you have learned from this. Don't drink and drive at all as a GDL. Even after you get your full class 5, don't do it. You made a mistake and now it's up to you to learn from it and let it guide you in making better life choices.