Legal Help DUI

[squiggs96]

Originally Posted by 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?

You should take these 30 days and see if there is a common sense course in your neighbourhood you could attend. You admitted you were drinking when you shouldn't have been. Why would you admit you were drinking to a cop if you had a drink 10 days ago? If you had a drink 10 days ago and were sure you hadn't had one before getting pulled over, why didn't you ask for a breathalyser? That would have cleared this situation up. Obviously you were breaking the law and got caught and now are trying to get away from your responsibilities on what you think is a technicality.

Are you of legal drinking age? I have no idea, so I thought I'd ask. If I had to guess, I would say you were not, as your posts on this topic are often immature and unreasonable, and your signature does not seem like it would be owned by a 30 year old.

I think you should do what has been posted here many times, which is count your blessings that the cop gave you a break, buy a bus pass for a month and learn from your mistakes. I think you should also admit that you broke the law. You don't have to admit it here, but to yourself would be a good start.

Also, on your 30 day suspension, learn the difference between accept and except, where and were, and your and you're.

[psicodude]

Originally Posted by moon

If that was the case then obviously he wasn't the major threat that people made him out to be or some terrible person.

Regardless of how many arguments you make, the fact still remains that this is an inexperienced driver that consumed enough alcohol to affect his driving in a big enough way to draw the attention of the EMS driver. I am fairly certain that EMS dudes don't go around looking for bad drivers, so yeah, I would say (In my humble opinion) that the OP was a threat that night.

I have no idea if he is a terrible person or not, but this was a terrible decision that deserves some sort of punishment.

[moon]

Originally Posted by Resolute 14

1. Yes you are.

I forgot the great resolute knows why every poster posts what they do.

2. Driving under the influence and trying to whine your way out of it is most definitely a reason to get jumped all over.

Where is he whining his way out of it?

He seems to want to know what his options are and what the reprecussions are.

[BlackArcher101]

We've already told what the options are back in this post: http://forum.calgarypuck.com/showpos...4&postcount=34

More specifically: (Also found on the back of the paperwork the OP recieved)

Grounds for Appeal under Section 39.1 of the Traffic Safety Act:

1. That you were not a Learner or Probationary Driver under the Graduated Driver Licence program at the time of the charge. - Was in fact under the GDL program.
   
2. That you did not have a Temporary Driver's Permit. - This one is ok.
3. That you had not consumed alcohol and driven a motor vehicle. - Already admitted to it.
4. That you did not fail or refuse to provide a sample of your breath when requested by a peace officer. - Wasn't requested.

Appealing a Notice of Suspension Novice Driver - Zero Alcohol Tolerance Program

Important things to remember if you are appealing your suspension:

1. You must purchase an Application for Hearing at any Alberta Registry Agent office.
2. There are two types of Appeal Applications, non-oral which requires a written submission ($125) or an oral, which requires a personal appearance before the Board ($250). In addition to the application fee, a Registry Agent fee will be charged.
3. The application fee will be refunded only if the appeal is successful. However, the Registry Agent fee is not refundable, regardless of the Board’s decision.
4. Pursuant to section 45 of the Traffic Safety Act, an Application for Hearing must be filed with the Board within 30 days of the suspension being issued.
5. The original application must be sent to the Board. A faxwill not be accepted.
6. You must fill out the "Required Information" section and send a copy of the "Notice of Suspension Novice Driver - Zero Alcohol Tolerance Program" that was given to you by the peace officer, as well as a copy of the Certificate of Analyses if a breath sample was taken. Your application could be returned if you do not send a copy of these documents with your original Application for Hearing.
7. Hardship will not be considered as a reason to cancel the suspension.
8. Applying for a hearing does not affect your suspension. It remains in effect while the appeal process is taking place.
9. The Board will endeavour to hear the appeal within 30 days of receiving the application.
10. The Board will endeavour to send (fax, e-mail or mail) the decision within 10 business days of the hearing.

Frankly, there are no options for the OP. He doesn't pass the grounds for appeal, based on admitting to drinking negatting point #3 and being under the GDL program in point #1. As well, 30+ days to actually have the appeal heard means the suspension will be nearly completed by that time.

To sum it up:
Options = 0
Repercussions = 30
(and maybe insurance, don't think this is known for sure yet)

[Antithesis]

Originally Posted by moon

Where is he whining his way out of it?

He seems to want to know what his options are and what the reprecussions are.

Maybe not whining out of it but certainly trying to weasel out of it.

"I didn't say WHEN I had been drinking."

At risk of being labelled one of "these people":

Here is the option. Suck it up and be a man. You screwed up. You knew what the consequences would be and chose to flaunt them. You're lucky to get your lisence back.

[valo403]

Originally Posted by moon

He never said he was impaired enough for the EMS to pull him over he said they did pull him over.

Again he hasn't said enough to determine whether or not he should feel lucky at all.



If he was that impaired than why wouldn't the cops have done more than give him a 30 day suspension?

Just as easy to make an assumption based on the police actions than it is based on the EMS actions.

I am also not sure why he would have pulled over or even waited because some ambulance told me to.

Picture a situation in which a car is pulled over by an ambulance. It takes one hell of an imagination to not have that image involve someone rather hammered. He was pulled over by an ambulance for f sakes!!!!!!!!

[BlackArcher101]

Actually, it doesn't sound like the EMS pulled him over. They simply followed him into a parking lot and called the CPS on him. I don't think they actually detained or stopped him.

Irregardless, their suspicion was raised for some reason.

[squiggs96]

I think this would make a funny scene in a sitcom:

Prosecutor: So Mr. Smugger, you admit that you were drinking on the night of the 8th.
thesmugger: No. On the night of the 8th I admitted I had been drinking before I was pulled over by an ambulance.
Prosecutor: Were you drinking on the night of the 8th?
thesmugger: No. I had a drink 10 days before that night, and in the effort of full disclosure, I decided to tell the officer I had indeed been drinking.
Prosecutor: Why would you admit to drinking for a drink you had 10 days before?
thesmugger: I was confused. I mean, I had just gotten pulled over by an ambulance.
Prosecutor: Fair enough. When they told you they were suspending your license and towing your car because you had been drinking, did you not think to explain to the cop that the drink was 10 days ago and that was unfair?
thesmugger: I did not think about that. I was confused and wasn't thinking clearly. It was probably from all the weed I was smoking.

Annnnnnd scene.

Some serious questions though for the OP:
Were you drinking before you got pulled over by an ambulance?
If so, when was your last drink before you got pulled over?
How many drinks did you have during that occasion?
What were you drinking?
Why would you admit to drinking if you had not been drinking?
If it had been 10 days since your last drink, why wouldn't you say that?
How old are you?

[valo403]

Originally Posted by BlackArcher101

Actually, it doesn't sound like the EMS pulled him over. They simply followed him into a parking lot and called the CPS on him. I don't think they actually detained or stopped him.

Irregardless, their suspicion was raised for some reason.

That entertains me way less than the image of him being pulled over by an ambulance with lights flashing so I've decided to ignore your likely more accurate version of events.

[Resolute 14]

Originally Posted by bcb

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'd bet you are right, but that really isn't at issue here. The OP admitted to drinking. If he had lied, you can bet the breathalyzer would have come out, and you can bet he'd be looking at a criminal charge rather than a 30-day suspension. In neither case would the cop's word alone have been used.

[flip]

Originally Posted by Nage Waza

I am not sure why you keep posting this stuff, it is simply not true. I have had to take SERIOUS courses (for work) on 'impairment', and from what the experts have told me (I have taken the course twice) that each drink someone takes causes increased impairment, starting with the first. Each drink of alcohol impacts the brain in ways that cause decreased reaction time, decreased 'common sense' and decreased attention (and other problems). This has been tested numerous times and they all result in the same way: Drinking, even one drink, impacts driving negatively. Please, if you want to continue posting in this thread, stop posting your opinion on alcohol as facts unless you have at least studied the subject.

What size of drink? Is there a difference between a shot and a beer? What if it is a fruity cocktail? What if I have it with food?

How long will those effects last if I only have one? What about body mass? What type of impacts? Serious impacts? If people are seriously impaired from one drink why does every major law enforcement agency/government in the western world have a "legal limit"?

So just like longsuffering you believe that our drinking and driving laws are antiquated and need to be replaced with zero tolerance laws? You think that any amount of alcohol is too much? If not any, then how much is required to impair a person? Is the amount the same for all people? What if it is just like a drop or a sip?


Since you are such an expert on these matters I expect full detailed answers for each and every question.

Thank you in advance. I am obviously not well versed in this area and would like these questions answered by an expert.

[Traditional_Ale]

Originally Posted by hockeycop

If you listen to this, you will NEVER get a break given to you. Whether you admit to drinking or not, the Police know. It has a distinct odour and has an effect on the movement in your eyes.

If you lie, you will be tested. No breaks. You fail = Jail. You pass the ASD with anything other than 0.00 = 24 hrs suspension under S.89 of the TSA.

Axe Body Spray, Visine, Cepacol and chewing gum, and when the driver gets blasted by the mag light they would do well to react by looking away and raising their hand to block it, not just shutting their eyes and looking stupid.

Eye contact, using the words sir/officer, articulating your speech properly.

[longsuffering]

Originally Posted by flip

Since you are such an expert on these matters I expect full detailed answers for each and every question.

Hey hotshot - you've got a few questions to answer yourself - or are you nothing but bluster?

http://forum.calgarypuck.com/showthr...55#post2451755

[Peanut]

Drinking and driving is ######ed. Sorry, but it is. You deserve whatever punishment you get. And you also deserve whatever impact your insurance takes (I'm personally hoping it skyrockets).

Carry on.

[flip]

Originally Posted by jolinar of malkshor

A lot of what you are saying is valid, I think it just came off a bit like drinking and driving is ok if you know what you are doing.

Not my intention at all. I didn't even intend my sidetracked conversation to have anything to do with the discussion regarding the OP.

Remember this all started because I stated that drinking and driving is legal (which it is) and that only driving while impaired is illegal.

I don't drive drunk, I don't condone driving drunk and I certainly don't just blindly support the OP and think he should get off without punishment.

[Nage Waza]

Originally Posted by flip

What size of drink? Is there a difference between a shot and a beer? What if it is a fruity cocktail? What if I have it with food?

Are you serious? Volumetric standards are well known (for beer, spirits and wine). I can answer this for you, but I am sure you know how to use google. I don't understand what you are after...do you just like looking like a fool in an argument? You talk nonsense yet I think you value your thoughts. What if you drink and eat? Do you mean white wine with fish and red with meat? LOL, food should have no sobering effect on intoxication, I think that is a myth. I don't recall the exact impact of eating and drinking, but I do know once you drink enough, you will certainly blow over.

Originally Posted by flip

How long will those effects last if I only have one? What about body mass? What type of impacts? Serious impacts? If people are seriously impaired from one drink why does every major law enforcement agency/government in the western world have a "legal limit"?

I think one drink is processed by the body for just about an hour, each drink is processed at a rate of about 1 drink per hour and only one drink at a time (see the answer to your first question regarding the size of a drink). So three drinks takes three hours to run it's course. I don't recall the specifics regarding body mass, but I 'can' drink a couple beers and blow under. The processing is dependent on your liver. The so called legal limit is often criticized (the course instructors have been lobbying to have a zero tolerance), yet society seems fine with some alcohol impairment. If you want to run for government on the promise that you will remove all alcohol from drivers, go for it. There are other impacts as well, alcohol also causes problems in the brain during sleep. You actually lose sleep when you have a few drinks (the brain does not correctly go through the sleep cycles), so after a few days of drinking you wind up with a sleep deficit. Over a weekend of drinking, that can really impact someone, especially if they are operating heavy equipment or flying a plane full of people.

Originally Posted by flip

So just like longsuffering you believe that our drinking and driving laws are antiquated and need to be replaced with zero tolerance laws? You think that any amount of alcohol is too much? If not any, then how much is required to impair a person? Is the amount the same for all people? What if it is just like a drop or a sip?

Did you just dream that I thought the laws are antiquated? Where did I write that? One drink is enough to impact a driver's skills, if you don't believe me go take a course (don't think for a second you correct). People certainly have limits, and we have laws that require .08 as a max and assorted other rules for different scenarios. I don't feel like running for office, so I accept the laws for what they are. I think new drivers should have zero tolerance, as much of this thread's posters seem to support. I know for sure that I crank my music a little louder and drive a little faster after just two drinks, I now only have one drink if I am driving.

Originally Posted by flip

Since you are such an expert on these matters I expect full detailed answers for each and every question.

You can expect anything you want but I don't give a darn about your needs. You should spend time debating something you really know something about. I have answer the questions because I think they make you look silly.

Originally Posted by flip

Thank you in advance. I am obviously not well versed in this area and would like these questions answered by an expert.

So go to school, take some psych courses (this is likely all covered in 1st year) and ask an expert. I certainly am no expert, but have recently taken a full day class on this subject. One suggestion though, if you have no clue about what you are talking about, why don't you go and research?

[GGG]

Personally, i object to drinking and driving affecting your insurance rates. When a person is over .08 they are no longer insured as a motorist. If they get in an accident they are fully liable for all damages. So if the person is not being insured while they drink and drive why are they charged more for their insurance.

[opendoor]

Originally Posted by GGG

Personally, i object to drinking and driving affecting your insurance rates. When a person is over .08 they are no longer insured as a motorist. If they get in an accident they are fully liable for all damages. So if the person is not being insured while they drink and drive why are they charged more for their insurance.

A drunk driving accident invariably creates costs for an insurance company whether they cover it or not. There are often lawsuits, red tape, and payments from under-insured motorist provisions in policies that come along with drunk driving accidents. Therefore, it makes perfect sense that they'd treat someone with a history of drunk driving as a higher risk to incur costs for the company and charge them accordingly. It also stands to reason that someone who shows little regard to their safety or the safety of others in one manner (driving drunk) is also willing to do the same in other situations (speeding, dangerous driving, etc.).

[CaptainCrunch]

A DUI or dui accident shows that you're a careless driver at the very least. Its part of a pattern of behavior as far as the insurance company is concerned.

[Yeah_Baby]

Why are you asking this on a public forum?