Legal Help DUI

[macker]

[QUOTE=flameswin;2451685]The insurance question has already been answered



So doesn't this go on his drivers abstract? If so, the Insurance company pulls these before issuing policy renewals and he will be stuck with a 50% surchargeable conviction as it is viewed as a major conviction. In the same way that they find out about minor convictions such as speeding I am pretty sure that they can find out about one month suspensions etc. why would this happen behind the scenes?

[puckluck]

This thread is full of win. The guy is a ###### because of a law that was put into place not to long ago? Would he still be a ###### now if the GDL program never came into affect?

I don't drink at all, but I can bet my pubes that almost all of the people who bashed the OP have driven after having a drink at one time or another.

[pylon]

a 30 day suspension absolutely will show up on an abstract. I just had a client in the same predicament about a month ago.

[kevman]

While the subject has been brought up....can someone clarify the rules regarding open alcohol in a vehicle in Alberta? In BC?

Simple Fine? Demerits? Insurance hit? License suspension?

[ResAlien]

Has anyone suggested that thesmugger should be tarred and feathered? Maybe afterwards he can be be hung from a street light by his toes? Because that's the best idea right now. What a horrible human being.

[longsuffering]

Originally Posted by puckluck

This thread is full of win. The guy is a ###### because of a law that was put into place not to long ago? Would he still be a ###### now if the GDL program never came into affect?

I don't drink at all, but I can bet my pubes that almost all of the people who bashed the OP have driven after having a drink at one time or another.

Wow, you got "full of win" and "######" into your post. Too bad you couldn't have worked "pwned", a face palm of some sort and a "fixed" into your post.

Damn - you slipped in a 'pubes' reference as well. I don't know how I missed that.

[macker]

Originally Posted by pylon

a 30 day suspension absolutely will show up on an abstract. I just had a client in the same predicament about a month ago.

http://portal.cgi-ibs.com/EN-CA/IIS/Pages/MVR.aspx
Thats what I thought. I thought someone was saying that it was something that the police wouldn't report or something along those lines....How can this not be reported and go on his record. Is this monopoly?

[longsuffering]

Originally Posted by ResAlien

Has anyone suggested that thesmugger should be tarred and feathered? Maybe afterwards he can be be hung from a street light by his toes? Because that's the best idea right now. What a horrible human being.

No, most have suggested that thesmugger did something REALLY stupid, got caught and yet managed to get a nice 'break' from the CPS. We hope thesmugger considers himself lucky and learns from this mistake.

[jayswin]

Originally Posted by kevman

While the subject has been brought up....can someone clarify the rules regarding open alcohol in a vehicle in Alberta? In BC?

Simple Fine? Demerits? Insurance hit? License suspension?

$115 fine, that's all. I would know.

[ResAlien]

Originally Posted by longsuffering

No, most have suggested that thesmugger did something REALLY stupid, got caught and yet managed to get a nice 'break' from the CPS. We hope thesmugger considers himself lucky and learns from this mistake.

I know Check my started threads, I may or may not have dealt with a similar situation

[Locke]

Its certainly a strange day on CP when, in the space of a single thread, moon, flip and flameswin are the voices of reason.

Is it a full moon or is he only halfway there?

[bcb]

Originally Posted by ResAlien

Has anyone suggested that thesmugger should be tarred and feathered? Maybe afterwards he can be be hung from a street light by his toes? Because that's the best idea right now. What a horrible human being.

Jolinar is finding his best 12 ft. dual-purpose extension cord as we speak.

[bcb]

Regarding alcohol used in food preparation, ethanol (the alcohol we drink) boils at 78.4 deg. Celsius. So it's unlikely any alcohol would remain in a hot meal. That being said, dessert with alcohol as an ingredient could potentially contain remnants of ethanol.

Could you potentially blow 0.01 after eating such dessert? It's hard to say. Potentially. Would you have a valid defense? Most likely.

I could be reading this wrong, but I would bet a lot of posters in this discussion take issue with the notion that a cop could lay a charge by simply smelling alcohol on one's breath.

I won't go into the biology of the human nose, but let's just say that compared with an analytical instrument such as a Breathalyzer, the nose is significantly less reliable.

[Shazam]

Originally Posted by bcb

Regarding alcohol used in food preparation, ethanol (the alcohol we drink) boils at 78.4 deg. Celsius. So it's unlikely any alcohol would remain in a hot meal. That being said, dessert with alcohol as an ingredient could potentially contain remnants of ethanol.

This is not true. Alcohol always remains.

[bcb]

Originally Posted by Shazam

This is not true. Alcohol always remains.

No alcohol evaporates at a lower temperature than water, so it's gone pretty easily, but the flavor does remain. When you make veal Marsala (as an example), you can add copious amounts of Marsala wine; however, you won't get drunk. You are only tasting the flavor of the wine, provided you cook it long enough.

[Sluggo]

I'm sure a few million alcohol molecules could survive. You could probably consume more making out with a drunk chick but none the less the alcohol is still there.

[GoFlamesGo89]

Originally Posted by bcb

No alcohol evaporates at a lower temperature than water, so it's gone pretty easily, but the flavor does remain. When you make veal Marsala (as an example), you can add copious amounts of Marsala wine; however, you won't get drunk. You are only tasting the flavor of the wine, provided you cook it long enough.

Actually the chemistry of mixtures is quite a bit more complex-- as the percentage of alcohol decreases, the vapor point (where it will evaporate) approaches that of water. So only if you boil for a while will you remove most of the ethanol. I'm no cooking connoisseur, but I'd imagine this to be highly dependent on the dish. So very low levels of alcohol are possible from food-- probably not enough to even feel, and certainly not enough to get you drunk. But remember, 0.08 is chosen as a functionally normal limit, so 0.01 is really, really low.

[thesmugger]

Originally Posted by pylon

a 30 day suspension absolutely will show up on an abstract. I just had a client in the same predicament about a month ago.

so i'm assuming you're in the insurance industry? Your client got the. Novice Driver Zero Alchol sheet?

I didn't get any other tickets or fines. Just this sheet with a temporary licence. Why would I be able to drive for another week after such a serious thing. My friend got a DUI and lost his licence on the spot

[thesmugger]

Originally Posted by jolinar of malkshor

24-hour disqualification re alcohol or drug
89(1) If a peace officer reasonably suspects that the driver of a motor vehicle has consumed alcohol or otherwise introduced into the driver’s body any alcohol, drug or other substance in such a quantity so as to affect the driver’s physical or mental ability, the peace officer may require the driver to surrender the driver’s operator’s licence to the peace officer.

One-month suspension re novice driver
90(2) If a peace officer reasonably suspects that the driver of a motor vehicle who is a novice driver, having consumed alcohol, drove the motor vehicle, the peace officer may require that the novice driver forthwith provide a breath sample into an approved screening device.

The PO does not require him to provide a breath sample but is authorized by law to demand one if the PO wants to either confirm or negate his suspicion.

http://www.canlii.org/en/ab/laws/sta...000-c-t-6.html

The last thing you said there. So by law, they are required to have a screening if they wont to confirm or deny my suspension?

[thesmugger]

I'm coPnfused as heck here. There where no tickets given. The police never gave me a breathalyzer. I just got the 30 day suspension/car impounded.

Neither of these choices got checked

A) a breath sample indicates that alcohol is present in your-blood

or

B) you, without a reasonable excuse, failed or refused to provide a breath sample as requested

in writing under B the officer put

- Strong smell of alcohol on breath
- Admission to consumption of vodka. Prior to driving (however there is No note of this being 10 hours before or 1 hour before)


If I take this before the transportation board, will they throw this out because there is no breath sample? They never took the test, therefore how do they know my level was above 0?