24hr not in vehical
 

I have my class 7 N. licence.
I was grabbing cash from the bank machine with my keys in my pocket last week, and when i came out a RCMP officer demands my licence and for me to walk to the back of the car for a breathalizer. (had 3 beer 4 hrs prior) I belew and he said i failed. Dident show me any numbers or anything. Put me in the back of the car and issued me a 24hr. Vehical was towed and impounded. All this with me not being in my vehical and him with no proof of me driving. Dont you have to be driving to get a DUI or 24hr??? Or have the keys in the Ignition??
Please Help

Did you drive to the bank?

He had no proof. and i was sober no reason for him to pull up behind me and ask for me to blow. He has no grounds to charge me

It takes 30 seconds to grab cash from a bank machine. Is it possible that he saw you pull into the parking lot and get out of the vehicle?

IF you were sober, how did you fail the ASD? What does it say about alcohol on the back of your class 7 DL? Are you telling us that you never drove the car after having ANY alcohol (to the bank ?) and you NEVER intended to get back behind the wheel, even though you had the keys in your pocket? Are you asking us to believe that ?? Who drove your car there and who was going to drive it away, if the Cop had not stopped you? You never mentioned anything about another driver...just that you thought he couldn't have caught you. Like others said, it's easy to watch people from a distance. Just because you were no longer driving doesn't mean the offense had not already been committed.

As a matter of note, drinking 3 beers 4 hours earlier could not possibly register a "fail" on an ASD, under any circumstances that I have experienced...you need at least 100mg% and that takes way more than 3 beers four hours earlier....LOTS more. At least twice or 3 times that number of normal drinks over that time. What you said would barely register at all...but your DL says ZERO alcohol. I believe that we're not getting the whole story here.

:lol

The cops are jumping on this like a fat kid on cake.

Seriously though. You should know better OP. Hope you enjoy your suspension/prohibition.

Three beers, four hours earlier, you'd probably still have it on your breath... smelling that would be enough for the cop to request you do the breathalyzer... and as others have noted, there's ZERO tolerance for alcohol on your N. Not .08, not .04, not even .01... ZEE-R0. ANYTHING over 0.0000000000000000000000000000000 counts.

24-hour is automatic... prohibition likely will be too. This link may be helpful...

I love this forum :)

say goodbye to ur liscence.

I think we can say goodbye to the topic starter too... :D

your body should be more than able to metabolize that alcohol off at roughly an hour per drink assuming you had the last drink atleast an hour prior to leaving.

But yeah, if you drove to the bank...you're screwed.

QFT.

I guarantee the poster is gone.

Either for good or has made a new account.

The OP's question is not whether he did it or not. I am sure all of us have some sort of conclusion in that regard. His/her question is whether or not there is enough evidence to convict him of a violation. I would request for disclosure of all evidence against you, and examine it closely looking for "gaps" to the logic and reasoning.

The 24hr suspension is not a violation ticket where there is a "conviction" per se.

The first avenue of "dispute" is a review by the Superintendent of Motor Vehicles. If you are not happy with that outcome, the next stop is the court. Chances are good you will need legal advice for this.