Legal Help DUI

[RougeUnderoos]

What's "the GDL"?

Just to confirm, you received a criminal charge? You have a court date? What were you charged with?

[valo403]

Originally Posted by thesmugger

Never did a breathalyzer, I am GDL which has zero tolerance for booze in the system. I did "admit" to drinking prior to driving but never specified if it was 10 days, hours or minutes before.

That, to be blunt, is possibly the stupidest argument I have ever seen.

[Jesse834]

Originally Posted by RougeUnderoos

What's "the GDL"?

Graduated Driving Licensing

[thesmugger]

Originally Posted by Bent Wookie

Just to confirm, you received a criminal charge? You have a court date? What were you charged with?

No court date, no criminal charge. It's a 30 day suspension. No money to pay.

[wooohooo]

Originally Posted by CMPunk

What were you doing that made them follow you?

Exactly. You must have not been paying attention or drunk off your ass to not notice an ambulance. If their lights weren't flashing, I highly suspect they would follow and pull you over.

It seems to me you're trying to justify yourself. Even if you're off GDL, you shouldn't be drinking.

[worth]

People who live in glass houses shouldn't throw stones.

[thesmugger]

Originally Posted by valo403

That, to be blunt, is possibly the stupidest argument I have ever seen.

Why, the door is left wide open the that statement.

[Deegee]

Originally Posted by RougeUnderoos

What's "the GDL"?

21. What are the differences between holding the class 5GDL and a full class 5 licence? Specifically, what are the restrictions?
The main differences are:

1. A lower demerit point allowance, 8 versus 15. If an individual is a careful, law-abiding driver and does not receive traffic tickets (i.e. speeding, etc.), then the demerit totals are not an issue since demerits are only deducted when you are caught breaking the law.
2. Zero alcohol tolerance. Zero alcohol tolerance means that you cannot drive with any amount of alcohol in your blood stream, whereas a full class 5 can operate a vehicle as long as they are under the legal limit of alcohol concentration in the blood. So, if an individual never drinks and drives, the zero alcohol tolerance is also not an issue.
3. The other restrictions are minor: You cannot be the accompanying (supervising) driver to an individual driving with a class 7 (learners) licence. You cannot upgrade to a professional class licence (drive a semi, ambulance, taxi or large three-axel vehicle). If you drive only regular passenger vehicles (two axels), such as a car, truck, minivan, SUV, etc., then this is also not an issue for you.

So the bottom line is, if you are a safe and law-abiding driver, the class 5GDL licence will serve you just as well as a full class 5 drivers licence.

http://www.servicealberta.gov.ab.ca/672.cfm

You must hold your learners for 1 year (I think) and a Class 5 GDL for 2 years.

Then you take an advanced test to get your full Class 5.

[Kybosh]

Honestly, you should take the punishment and be happy that it's just a 30 day suspension.

Originally Posted by thesmugger

No court date, no criminal charge. It's a 30 day suspension. No money to pay.

The form you were given, what does it say at the top, I assume its the Alberta License Suspension (ALS)?

For the record, you were not charged with DUI.

Off the top of my head, I don' think a GDL can be given the ALS without, at the very least, being administered a roadside test (the little device you blow into at, get this, the roadside).

You might have been give a 30 day seizure for driving while suspended as well (if you are a suspended driver).

[thesmugger]

Originally Posted by Bent Wookie

The form you were given, what does it say at the top, I assume its the Alberta License Suspension (ALS)?

For the record, you were not charged with DUI.

Off the top of my head, I don' think a GDL can be given the ALS without, at the very least, being administered a roadside test (the little device you blow into at, get this, the roadside).

You might have been give a 30 day seizure for driving while suspended as well (if you are a suspended driver).

Notice of Suspension
Novice Driver 0 Zero Alcohol - Tolerance Program

I'm not a suspended driver. No tickets and insurance is good till July 2010

Originally Posted by thesmugger

Notice of Suspension
Novice Driver 0 Zero Alcohol - Tolerance Program

I'm not a suspended driver. No tickets and insurance is good till July 2010

Good times.

http://atsb.alberta.ca/504.htm

and

http://atsb.alberta.ca/documents/azatjan04.pdf

I hate to be critical, but they need to roadside you before you can have that issued. I dunno what the resolution would be.

[hockeycop]

Ah, you're lucky.

GDL 30 day administrative suspension is about the least punishing thig that the police could have done.

What is your question? You want to know "because I never specified when I drank, can the suspension be overturned?".

The answer is no. The Constable likely smelled alcohol on your breath. That alone is all that is needed to form grounds for a breath test. The rules are VERY clear. If you are a new driver under the GDL program, DON'T DRINK ANYTHING if you are going to be driving AT ALL. You are not an experienced enough driver, nor an experienced drinker, and any amount of alcohol in this circumstance is dangerous.

The EMS guy followed you because he thought you were intoxicated. His statement, along with police observations would have likely been enough grounds to demand a breath sample road side, which could have lead to a full blown impaired charge. Instead, you get a little 30 day suspension. Hopefully you don't repeat this.

Get yourself a bus-pass for the 30 days, and don't even think about driving!

[JD]

Originally Posted by thesmugger

No court date, no criminal charge. It's a 30 day suspension. No money to pay.

Yeah, as mentioned, that's not a DUI so you don't need legal advice. You've already received your punishment.

An actual DUI charge and conviction would cost a lot more. You'd be looking at a 3 month ALS and a court date if you were charged. And if you were convicted, a bunch more things to deal with.

Originally Posted by hockeycop

Ah, you're lucky.

GDL 30 day administrative suspension is about the least punishing thig that the police could have done.

What is your question? You want to know "because I never specified when I drank, can the suspension be overturned?".

The answer is no. The Constable likely smelled alcohol on your breath. That alone is all that is needed to issue the 30 day suspension. The rules are VERY clear. If you are a new driver under the GDL program, DON'T DRINK ANYTHING if you are going to be driving AT ALL. You are not an experienced enough driver, nor an experienced drinker, and any amount of alcohol in this circumstance is dangerous.

The EMS guy followed you because he thought you were intoxicated. His statement, along with police observations would have likely been enough grounds to demand a breath sample road side, which could have lead to a full blown impaired charge. Instead, you get a little 30 day suspension. Hopefully you don't repeat this.

Get yourself a bus-pass for the 30 days, and don't even think about driving!

Again, I hate to be critical, but more than that is needed for this program.

[thesmugger]

Originally Posted by hockeycop

Ah, you're lucky.

GDL 30 day administrative suspension is about the least punishing thig that the police could have done.

What is your question? You want to know "because I never specified when I drank, can the suspension be overturned?".

The answer is no. The Constable likely smelled alcohol on your breath. That alone is all that is needed to issue the 30 day suspension. The rules are VERY clear. If you are a new driver under the GDL program, DON'T DRINK ANYTHING if you are going to be driving AT ALL. You are not an experienced enough driver, nor an experienced drinker, and any amount of alcohol in this circumstance is dangerous.

The EMS guy followed you because he thought you were intoxicated. His statement, along with police observations would have likely been enough grounds to demand a breath sample road side, which could have lead to a full blown impaired charge. Instead, you get a little 30 day suspension. Hopefully you don't repeat this.

Get yourself a bus-pass for the 30 days, and don't even think about driving!

Thank you for the reply. So why didn't they make me blow. My next question for you is how this effects insurance? Does it increase the insurance rates or what? Once the 30 days is up, do I have to re-register.

Originally Posted by thesmugger

Thank you for the reply. So why didn't they make me blow. My next question for you is how this effects insurance? Does it increase the insurance rates or what? Once the 30 days is up, do I have to re-register.

Register what?

I am not sure how your insurance company would find out.

[Deegee]

I know a guy who got caught drinking and driving, got his license suspended, but continued driving. Then he got caught not wearing his seatbelt and they found out he was driving without a license. Now he has so many fines that he can't get his license back until he pays them out.

It ruined his employment at that time.

He's totally screwed and I think it's hilarious. I love seeing people get what they deserve, even if that makes me too much of a vindictive person.

[thesmugger]

Originally Posted by Bent Wookie

Register what?

I am not sure how your insurance company would find out.

Oh they wont even know of this? The police took my license, and then issued that temporary paper one that's good for a week. So once the month is up I just have to get a new license?