Legal Help DUI

[hockeycop]

OP, I see you also had this posted on Beyond. Listen to Dexlargo. He is a member of the CPS... He also has said the same thing I did.

[thesmugger]

Thanks for all the help. I called District 6 today and asked them about this. They flat out told me, they could suspended because of smell of booze. But HockeyCop and a member from another forum has clearly pointed out the rule. Would it be a good idea to call the officer who issued the suspension? Or would that not be in my best interest. Can he "cancel" the suspension before it kicks if he did in-fact make an error?

[jar_e]

Originally Posted by thesmugger

Thanks for all the help. I called District 6 today and asked them about this. They flat out told me, they could suspended because of smell of booze. But HockeyCop and a member from another forum has clearly pointed out the rule. Would it be a good idea to call the officer who issued the suspension? Or would that not be in my best interest. Can he "cancel" the suspension before it kicks if he did in-fact make an error?

I'd just follow the appeal process through the registry (I believe)...the Constable isn't going to cancel it.

[CaptainCrunch]

I very much doubt that the officer is going to cancel the suspension as well.

Just go through the appeals process and see what happens and how much it could cost you.

[thesmugger]

Originally Posted by CaptainCrunch

I very much doubt that the officer is going to cancel the suspension as well.

Just go through the appeals process and see what happens and how much it could cost you.

$125 bucks for a written appeal. If in fact, there is a breathalyzer required to hand out the suspension, that money would be reimbursed and insurance wouldn't take a spike.

[jar_e]

Originally Posted by thesmugger

$125 bucks for a written appeal. If in fact, there is a breathalyzer required to hand out the suspension, that money would be reimbursed and insurance wouldn't take a spike.

And $250 for an appeal in person.

[hockeycop]

Originally Posted by thesmugger

$125 bucks for a written appeal. If in fact, there is a breathalyzer required to hand out the suspension, that money would be reimbursed and insurance wouldn't take a spike.

But if you win the appeal, you get your money refunded.

Print out Section 90 of the TSA. Print off the appeal rights. Bring your copy of the paper work that the Cst gave you. Go in person (take the bus) to 6 District Office (assuming that's the district you got it in). Ask to speak with a Sergeant. Tell him what happened and why you think the Constable made an error in law. The Sgt can then either get the Cst to fix the mistake (can't go back and do a breat test now, so it would be a cancellation if possible) or tell you exactly what the police powers are in this situation.

PM me the Constables name. I might know him.

[thesmugger]

Originally Posted by jar_e

And $250 for an appeal in person.

The way I see it, if there was an error made by the officer there's no need to go with the oral appeal. They will review the officers report and simply see the mistake if there was indeed one.

If no mistake was made, I'll have to man up for my mistake and be thankful it wasn't a worse situation for me or anyone else.

[thesmugger]

Originally Posted by hockeycop

But if you win the appeal, you get your money refunded. PM me the Constables name. I might know him.

There was no name on the suspension notice. It was a signature. There was a badge number on there but the form is in my car. I'll PM you his badge number when I can get the form.

[jar_e]

Originally Posted by thesmugger

The way I see it, if there was an error made by the officer there's no need to go with the oral appeal. They will review the officers report and simply see the mistake if there was indeed one.

If no mistake was made, I'll have to man up for my mistake and be thankful it wasn't a worse situation for me or anyone else.

Let me be the first to start the "just cause you're not guilty doesn't mean you're innocent" riots

[thesmugger]

Originally Posted by hockeycop

But if you win the appeal, you get your money refunded.

Print out Section 90 of the TSA. Print off the appeal rights. Bring your copy of the paper work that the Cst gave you. Go in person (take the bus) to 6 District Office (assuming that's the district you got it in). Ask to speak with a Sergeant. Tell him what happened and why you think the Constable made an error in law. The Sgt can then either get the Cst to fix the mistake (can't go back and do a breat test now, so it would be a cancellation if possible) or tell you exactly what the police powers are in this situation.

PM me the Constables name. I might know him.

And just to conform from what I posted I posted a few pages back. Even with that, they still needed the Breathalyzer to suspended me under s.90?

- Strong smell of alcohol
- Admission to drinking vodka prior to driving

[hockeycop]

Originally Posted by thesmugger

And just to conform from what I posted I posted a few pages back. Even with that, they still needed the Breathalyzer to suspended me under s.90?

- Strong smell of alcohol
- Admission to drinking vodka prior to driving

Yes, they need a reading from an Approved Screening Device (Breath Test). It is a required element in the law for a suspension to be issued. I don't know how much clearer I can be with this, and I have said it a few times.

[pylon]

I would like to thank the OP for removing his old signature.

Also, I see you called a couple insurance cos. as I suggested, and got a much more favourable result than I had anticipated.

They must look at this differently than a standard DUI charge, as I have seen people in 5 figure territory for car insurance after DUI's. I saw one situation where a driver caused a fatality and after his court ordered suspension was lifted after 2 years he was paying $16,000/year for standard liabilty insurance.

In all honesty, if you are only looking at $40 bucks a month, I would recommend just sucking it up, and not trying to beat the system. I lost my license my first year for a combo charge of stunting and excessive speeding (which is no less stupid or dangerous than drinking and driving), lost my license for 90 days (as appointed by a judge) and saw my insurance sky rocket (triple) for about 3 years. That was more than enough of a reminder to not be an a-hole behind the wheel, and have only had a couple speeding tickets since in close to 20 years. Considering I ride a 200 HP motorcycle as well, that is not an easy feat...lol. Look at it as a reminder as consequences to your actions every time you make a payment.

You know you were drinking, we know you were drinking, and you told the cop you were drinking. What are you proving by beating the system on a technicality? It takes a much bigger man to accept the consequences, than to weasel your way out of it.

Not that it probably means anything to you, but you would have my respect if you accept your punishment... As I had mentioned in PM's, 2 people close to me have been killed by drunk drivers, so you can likely understand my position.

Originally Posted by hockeycop

But if you win the appeal, you get your money refunded.

Print out Section 90 of the TSA. Print off the appeal rights. Bring your copy of the paper work that the Cst gave you. Go in person (take the bus) to 6 District Office (assuming that's the district you got it in). Ask to speak with a Sergeant. Tell him what happened and why you think the Constable made an error in law. The Sgt can then either get the Cst to fix the mistake (can't go back and do a breat test now, so it would be a cancellation if possible) or tell you exactly what the police powers are in this situation.

PM me the Constables name. I might know him.

No, don't do this.

Follow the procedure as outlined in those links.

[valo403]

Originally Posted by pylon

I would like to thank the OP for removing his old signature.

Also, I see you called a couple insurance cos. as I suggested, and got a much more favourable result than I had anticipated.

They must look at this differently than a standard DUI charge, as I have seen people in 5 figure territory for car insurance after DUI's. I saw one situation where a driver caused a fatality and after his court ordered suspension was lifted after 2 years he was paying $16,000/year for standard liabilty insurance.

In all honesty, if you are only looking at $40 bucks a month, I would recommend just sucking it up, and not trying to beat the system. I lost my license my first year for a combo charge of stunting and excessive speeding (which is no less stupid or dangerous than drinking and driving), lost my license for 90 days (as appointed by a judge) and saw my insurance sky rocket (triple) for about 3 years. That was more than enough of a reminder to not be an a-hole behind the wheel, and have only had a couple speeding tickets since in close to 20 years. Considering I ride a 200 HP motorcycle as well, that is not an easy feat...lol. Look at it as a reminder as consequences to your actions every time you make a payment.

You know you were drinking, we know you were drinking, and you told the cop you were drinking. What are you proving by beating the system on a technicality? It takes a much bigger man to accept the consequences, than to weasel your way out of it.

Not that it probably means anything to you, but you would have my respect if you accept your punishment... As I had mentioned in PM's, 2 people close to me have been killed by drunk drivers, so you can likely understand my position.

Requiring the police to do their jobs properly isn't weaseling out of anything. If the law requires a breath test and one wasn't administered the fact is he didn't actually break the law. If he was drunk enough that there was some question of him being over .08 I think the issue falls at the feet of the officer.

[pylon]

Originally Posted by valo403

Requiring the police to do their jobs properly isn't weaseling out of anything. If the law requires a breath test and one wasn't administered the fact is he didn't actually break the law. If he was drunk enough that there was some question of him being over .08 I think the issue falls at the feet of the officer.

???

Because you didn't get 'properly' caught doesn't change the fact a law was broken. It is a pretty cut and dry law with GDL drivers and drinking even a drop of alchohol before getting behind the wheel.

Using an extreme example, if you kill someone, but aren't caught, it does not change the fact the law was still broken, especially if there is an admission of guilt. I suppose however, those that chose to drink and drive will look for all of the legal loopholes they can so as that they don't have to pay the price for endangering everyone. Typical no personal accountability bs. Lets all just go out and break every law, there aren't nearly enough officers out there to catch everyone doing everything, its only illegal if you get caught right?

And yes, I can stand on my soapbox and claim to be holier than thou, as I have never driven a car after more than one drink. Losing relatives to people that think they are in complete control after downing a six pack tends to do that to you.

[Starfishy]

Originally Posted by pylon

???

Because you didn't get 'properly' caught doesn't change the fact a law was broken. It is a pretty cut and dry law with GDL drivers and drinking even a drop of alchohol before getting behind the wheel.

Using an extreme example, if you kill someone, but aren't caught, it does not change the fact the law was still broken, especially if there is an admission of guilt. I suppose however, those that chose to drink and drive will look for all of the legal loopholes they can so as that they don't have to pay the price for endangering everyone. Typical no personal accountability bs. Lets all just go out and break every law, there aren't nearly enough officers out there to catch everyone doing everything, its only illegal if you get caught right?

And yes, I can stand on my soapbox and claim to be holier than thou, as I have never driven a car after more than one drink. Losing relatives to people that think they are in complete control after downing a six pack tends to do that to you.

The point being in this case there is two separate punishments. A 24 hr suspension and a 30 day suspension. If you are to be found guilty of the 30 day suspension you require a breathalyzer. Seems to me this has been mentioned time and time again in this thread.

He should have been given the 24 hr suspension and/or been given a breathalyzer with a 30 day suspension. The problem is he is being charged for a crime that nobody really knows occured or not. It is like being pulled over for speeding and the cop saying "You lose your license for going over double the speed limit". If he has not somehow clocked you going that fast were you actually going that fast? Maybe a charge for reckless driving or even a lesser charge would be more appropriate if proof cannot be provided. Even if you admitted to going over the speed limit, the cop can't claim what speed you were going without proof.

[valo403]

Originally Posted by pylon

???

Because you didn't get 'properly' caught doesn't change the fact a law was broken. It is a pretty cut and dry law with GDL drivers and drinking even a drop of alchohol before getting behind the wheel.

Using an extreme example, if you kill someone, but aren't caught, it does not change the fact the law was still broken, especially if there is an admission of guilt. I suppose however, those that chose to drink and drive will look for all of the legal loopholes they can so as that they don't have to pay the price for endangering everyone. Typical no personal accountability bs. Lets all just go out and break every law, there aren't nearly enough officers out there to catch everyone doing everything, its only illegal if you get caught right?

And yes, I can stand on my soapbox and claim to be holier than thou, as I have never driven a car after more than one drink. Losing relatives to people that think they are in complete control after downing a six pack tends to do that to you.

An element of this offence appears to be registering a breath test that shows alcohol in your system, absent that the law has not been broken. I'll go the opposite of your overkill comparison, if Gretzky high sticks Gilmour in the face and no penalty is called was it high sticking?

You're confusing a crime being legally committed and a crime being morally committed. I get where you're coming from, but there's still a responsibility on the police to enforce laws properly. I jay walked 4 times today, but I'm not about to go turn myself in and beg for mercy.

[chemgear]

Originally Posted by hockeycop

I feel warm and fuzzy right now.

No wait, that's just the indigestion . . .

[squiggs96]

Originally Posted by hockeycop

Yes, they need a reading from an Approved Screening Device (Breath Test). It is a required element in the law for a suspension to be issued. I don't know how much clearer I can be with this, and I have said it a few times.

You have to explain things really slowly to him, because he's drunk.