24 hr prohibition police report?
 

the other day I received a 24 hr suspension on my license and also received a couple traffic violation tickets, when I went to pick up my license I asked if i could have a copy of the police report, and the lady at the desk said there wasnt one. I was put in handcuffs, and roughed up pretty bad. I had to do a breathalyzer, and Im curious to what I blew, when I did the test it just said failed isnt it supposed to give a number reading? Would there even be a police report over this or is the only thing on my file is the 24 hr prohibition copy of my suspension that I received as well, with the traffic violation ticket?

You should be thankful you only got a 24 hour suspension. Having blown a fail means you were over 100 milligrams of alcohol in 100 millilitres of blood. Which means you could have also been given an Administrative Driving Prohibition (3 month driving suspension on top of your 24 hour suspension) and you could have been charged criminally for impaired operation of a motor vehicle and impaired operation of a motor vehicle over 0.08. You are also lucky you didn't kill yourself or somebody else by doing what you did.

So to answer your questions, there is no numerical reading on the road side screening device. There is a numerical reading if you are under, then a "WARN" for a 24 hour suspension and a "FAIL" for criminal charges. There would be a police report. On your 24hour suspension there will be a police file number on the right hand side about half way down. The police department you got that from should have the paper work needed for you to obtain a copy of that report.

having blown a "fail" would they have this on the file? and if so could I still be charged for it

Yes you COULD get charged for it.

i once got a 24hr for sleeping in my truck.
no breathalyzer no test whatsoever didnt even ask if i was drinking

ended up losing my license for 2 months over it.

just makes me think i would have been better of driving home...

Not! If you are going to be drinking, stay away from motor vehicles unless you have a designated driver. Far better that you should crash on a couch or make similar arrangements. Too many fatal collisions involve alcohol and drugs and you have no right whatsoever to take a risk with other people's lives.

The officer is obligated to make notes of the circumstances on the Officer's Notes portion of the 24 hour prohibition. This is a page that is submitted to the Superintendent along with the prohibition itself.

He didn't even say that he HAD been drinking, only that he was sleeping in his truck. You're the last person I would expect to jump to conclusions, skidmark :cool:

really? I was told since they already gave me the 24 hr suspension, and didnt throw me in jail or tow my car that they couldnt go back and criminally charge me unless it happened at the time.

I haven't been on these forums for a long time but I can already see many of the cops here jump to conclusions very quickly... probably habit from work?..

i crashed on the bench seat in my truck and got a 24 hr.

had i driven home i could have at least got a chance of not getting the ticket
thats all i was left thinking after begin handed the ticket (not to mention the 500 dollar tow bill and impound fee and 2 months of no license)

if you ask me the cop was out of line and that law is ridiculous. i realize ignorance isnt and excuse but suspicion isnt just cause for getting tickets.

edit. just to be clear. i have NEVER driven impaired by anything.
i wont ever drive impaired. i thought i was doing the right thing by not driving but now theres a sour taste in my mouth

Experience, as much as anything, I think. They've seen enough to have a pretty good idea of what really happened most of the time.

It's just a little odd to see skidmark make that assumption, as he's proven less likely to make that leap... granted, in this case, we see it WAS correct, but still...

No breath test is needed to issue a 24 hour suspension. If the officer is satisfied he has reasonable and probable grounds to believe a person is impaired by alcohol a 24 hour roadside suspension can be issued on the officer's discretion. Having said that, if at that time the accused requests a breath test, the officer is obligated to administer a breath test.

As for the impaired care and control argument, in my opinion it is necessary to have those laws in place. You know you weren't going to drive, but the officer meeting you for the first time doesn't know that. Picture for example the officer checks on you, sees that you are hammered and sleeping in your truck, but lets you stay there because he thinks you are going to sleep it off. So now that you have been woken up, you can't get back to sleep and toss and turn for about 30 minutes. Finally you decide you will try driving home to get to your bed and on the way there you crash and kill yourself and/or somebody else. Personally, I would have a very hard time dealing with that, if I believe I could have prevented a death but didn't. Add to that, the officer will have an internal investigation into what he did and possibly lose his job and the added media/public scrutiny on top of that. I know there are a lot of "what ifs" there, but unfortunately what we do is under the public microscope 24/7 and we have to account for everything we do/don't do and why we did what we did or didn't do.

I tottaly respect that. But since he wasnt caught driving, and the officer had no proof that he drove his truck there drunk, and the officer certaintly cant predict the future and say he's going to get into his truck and drive off, wouldnt it be logical/fair to just have him tow his car and have him walk/cab home?

To me that is kind of like getting charged for attempted murder simply because you have a gun on you.


Also, are you at all allowed to sleep in your truck (when impaired)? Judging by this thread I guess not. What if you put your keys in your trunk?

This rule doesn't give drunk people much of an option other than to drive home drunk.

My buddy got a 24 hour suspension for pushing his car beacause he was to drunk to drive. I would'nt advise this though as pushing ur car on the highway drunk isnt always ur best bet. He did manage to make it 3kms though which i thought was a decent effort!

do_da_drew:

You are extremely lucky if you blew a fail and all you got was a few tickets and a 24 hour suspension.

As for the police report, you have to apply for it, fill out an application that you can get at most detachments.

You ALWAYS have the option of taking a cab home and going back for your car later, or setting up a ride home previous to going out. And before anyone says maybe they didn't have enough money, well if you don't have enough money for a cab, don't go out. Or take the bus home. there's multiple options.

i appreciate your response and i completely agree with all that.
Drinking and driving is retarded, but me sleeping it off in my truck caused me to lose my license for 2 months and in turn my job. i feel that what the officer should have done was just tell me to get out of the truck and that i cant be doing that. or at the most tow my truck.. no need for the 24 hr suspension in my eyes.

To be honest i don`t understand what happened to you. Were you drinking or not. You made it seem like you were not drinking, so therefore you should have disputed your ticket. I just dont see why you didnt force the cops to give you a breathalizer, if you had not been drinking.

i was at a party and had a 6 pack o bud and passed out in my truck cause it was too cold out.
then got woken up by the police got told to step out he took my license walks to his car then 15 minutes later hands me the ticket and informs me my truck will be towed.
theres nothing else that i havent said before.
this happened over a year ago and im still bitter.

Oh, i thought the law stated you had to be in control of the vehicle or something to be charged. So that if you were in the back seat, and the keys were in the trunk that was fine.

Yeah I thought you had to be in the drivers seat under the influence in order to get charged? Passed out in the back seat?? wont be doing that again.

The law states that you cannot be "in care and control" of a vehicle when intoxicated. Unfortunately exactly what constitutes being "in care an control" seems to be open to pretty broad interpretation by the cop involved. There's been one thread here where a person claims he was charged just leaning up against a buddy's car. In theory, you could be charged while retrieving your phone and/or wallet from your car in attempting to do the REALLY responsible thing by calling a cab.

^ thats why any time that my friends go to get gum/CD's/etc from their cars, I tell them to go in the passenger door. Not many people enter the drivers seat using the passenger door = less likely to be mistaken for a potential drunk driver.

on the topic of sleeping it off in the back of your vehicle or being in/near it but not actually in the drivers seat, couldn't the officer simply take your keys and bring them back to you in however many hours they think it will take for you to sober up or call you a cab if you'd prefer to do that? then breathalyze you again when they bring your keys back to make sure you're good to go?

If i leave the car key with a friend/pub/anywhere but myself and just take the remote/fob and sleep in the car, if cop comes up to me, I won't be able to get charged?