Police Forum Police Head Mod: Skidmark
Questions & info about the Motor Vehicle Act. Mature discussion only. |
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02-03-2011, 12:16 AM
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#1 | | Diagonally parked in a parallel universe
Join Date: Jun 2002 Location: Vancouver
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| Pulled Over for Being Over 0.08 Alc.
Hey guys,
Hi everyone, I apologize in advance if this question has been asked before.
So I guess the RCMP is very serious about this new drinking and driving law in B.C. because the other night I was pulled over and I failed the breatalyzer. Anyhow, with my car impound and my license suspened, I guess I'm wondering is it worth fighting (I believe I have 7 days have it manually reviewed by the Superintendent's Office).
The reason I ask is because I was wondering if I could have my license suspension reduced or the time my car impounded reduced.
Also, I really had to pee and I was not allowed to on the side of the road (one of the Constables were really nice while the other one was a dick) is there any legal grounds for them to not allow me to pee? Perhaps I should contract a lawyer from Legal Aid?
Lastly, will this stay on my Criminal Record and if so, would it affect my ability to get future jobs?
Thanks for all of your suggestions.
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02-03-2011, 01:04 AM
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#2 | | I contribute to threads in the offtopic forum
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.08 is alot ..just be grateful that u didnt hit and kill someone in another car. I'm glad too see the cops are doing their job properly. I hope u learn from ur mistake. Posted via RS Mobile | |
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02-03-2011, 02:04 AM
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#3 | | Captain Happy Bubble is my Homeboy
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if you are willing to pay for a lawyer, than you might have a chance of winning your case. You have 7 days to appeal for a review, if u pass your 7 days then you are deem to accept it.
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02-03-2011, 02:31 AM
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#4 | | Diagonally parked in a parallel universe
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Originally Posted by dinamix  .08 is alot ..just be grateful that u didnt hit and kill someone in another car. I'm glad too see the cops are doing their job properly. I hope u learn from ur mistake. Posted via RS Mobile | No I certainly have learned and I definitely won't do it again.
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02-03-2011, 03:50 AM
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#5 | | I bringith the lowerballerith
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In order for a FAIL reading, you would have been over 100mg%, as that is what the ASDs are all calibrated for in order for the FAIL to appear.
The RCMP and all police forces have ALWAYS been serious about the drinking and driving laws. The only things that have changed are the administrative penalties imposed by ICBC/the Motor Vehicle Branch.
What method did they proceed with? Did they use the ADP (90 suspension an 30 day vehicle impound) or did you go back and provide breath samples on the Datamaster? If everything took place roadside and you didn't go to provide more samples, there are no Criminal charges and therefore will be no Criminal Record.
If you are required to provide a driver's abstract for any jobs, this may affect that job application.
Whipping it out and peeing in public is not allowed. Plus, its just bad form. 
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02-03-2011, 09:21 AM
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#6 | | My homepage has been set to RS
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If you need a lawyer, get Marvin Stern.
He is a beast. http://www.sternandalbert.com/
Last edited by ajax; 02-03-2011 at 11:32 AM.
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02-03-2011, 09:25 AM
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#7 | | Not a mod
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This kid has fail written all over him. Posted via RS Mobile | |
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02-03-2011, 09:32 AM
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#8 | | The RS Freebie guru
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In Vancouver, you can get a $100 ticket for public urination.
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02-03-2011, 10:26 AM
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#9 | | I subscribe to Revscene
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Originally Posted by sho_bc Whipping it out and peeing in public is not allowed. Plus, its just bad form. | If he's driving drunk I don't think he's worried about bad form | |
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02-03-2011, 10:49 AM
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#10 | | Female Driven
Join Date: Aug 2009 Location: Vancouver, B.C.
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the "dick" officer was saving you another $100 lol.
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02-03-2011, 11:07 AM
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#11 | | Certified Troll: Access Removed
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Drinking and driving these days is a gamble in so many ways, take what you got and walk away IMO.
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02-03-2011, 11:17 AM
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#12 | | RS Veteran
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get a lawyer if you want a chance at not having a premanent record. It may or may not affect future employment depending on whether your future employer does those checks on you. I am sure all federal jobs do. I don't know why you sounded surprised when you say "I guess they are strict". When I read that, I thought you would be referring to being slightly over the .05. .08 is inexcusable.
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02-03-2011, 12:55 PM
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#13 | | Rs has made me the man i am today!
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So was the whole ordeal dealt with roadside? Or were you arrested and taken back to HQ to provide breath samples and speak with a lawyer etc?
If it was dealt with roadside, with the new Immediate Roadside Prohibition then as said above, it's not a criminal charge. Sounds like it was the IRP option, with the 7 days to appeal. You can only fight the IRP suspension with a few pre-determined defences, such as:
-you weren't driving
-you didn't blow a fail
-you weren't given the opportunity for a 2nd breath test
(something along those lines, read the back of your paperwork for details)
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02-28-2011, 09:26 PM
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#14 | | Diagonally parked in a parallel universe
Join Date: Jun 2002 Location: Vancouver
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So yep I saw a lawyer and even he said I no hope. But luckily no criminal charge. Quote:
Originally Posted by ninjatune So was the whole ordeal dealt with roadside? Or were you arrested and taken back to HQ to provide breath samples and speak with a lawyer etc?
If it was dealt with roadside, with the new Immediate Roadside Prohibition then as said above, it's not a criminal charge. Sounds like it was the IRP option, with the 7 days to appeal. You can only fight the IRP suspension with a few pre-determined defences, such as:
-you weren't driving
-you didn't blow a fail
-you weren't given the opportunity for a 2nd breath test
(something along those lines, read the back of your paperwork for details) | | |
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03-03-2011, 07:52 AM
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#16 | | I answer every Emotion with an emoticon
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Originally Posted by InvisibleSoul In Vancouver, you can get a $100 ticket for public urination. | Even worse it's actually $250
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03-03-2011, 08:59 PM
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#17 | | Wunder? Wonder?? Wander???
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| Quote: |
Also, I really had to pee and I was not allowed to on the side of the road (one of the Constables were really nice while the other one was a dick) is there any legal grounds for them to not allow me to pee?
| Are you fucking kidding me?!? You're lucky they didn't charge you criminally, and you even contemplated going after them because they didn't let you go pee? Suck it up princess...
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03-04-2011, 07:26 AM
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#18 | | RS Peace Officer
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Yeh, lets permit a Criminal Code act of indecent exposure happen while we watch. Sounds like a good idea to me. Like your daddy used to say...make sure you go before you go.
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03-05-2011, 12:41 AM
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#19 | | RS.net, where our google ads make absolutely no sense!
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Originally Posted by vk_kobra Are you fucking kidding me?!? You're lucky they didn't charge you criminally, and you even contemplated going after them because they didn't let you go pee? Suck it up princess... | Wow...they could have written you up for public urination, which would cost you more than just driving under the influence...
why would you even think that you're allowed to urinate on a public road/property? Any smart person would know that you're not allowed to pee in public without risking a big fine.  | |
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03-05-2011, 02:18 AM
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#20 | | RS has made me the bitter person i am today!
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i almost got a urination in public ticket during the olympics haha, i was drunk off my mind and i some how talked the lady cop into not giving me a ticket. Its 200 bucks btw
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03-05-2011, 02:36 AM
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#21 | | I want to be a person and not an icon.
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Try this lawyer.
My friend got off his DUI from him.
Great Lawyer.
Paul Doroshenko
he is the best DUI lawyer in lower mainland.
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03-05-2011, 05:47 PM
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#22 | | Rs has made me the man i am today!
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Crazy. I used to drink 2 beers or a glass of wine and still drive. I'm sure my blood alcohol content was below 0.08 back then. With the new law at 0.05, I order a coke or have water now. It's a stupid law but gotta play it safe! Posted via RS Mobile | |
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03-05-2011, 07:47 PM
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#23 | | Retired Traffic Cop
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Nope, it's not a stupid law. It reflects society's attempt to discourage something that injures and kills far too many people.
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03-05-2011, 07:50 PM
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#24 | | I am Hook'd on RS
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OP, you're an idiot. And it will show up on your abstract which a lot of employers look at now. Doesn't really matter for you since you will be working at Mc.Dicks to pay off your $10,000 ticket/impound fee/breathalyzer install.
And I can't believe there's lawyers for DUI's. That's brutal. One guy I know got off because the lawyer saw the cop wrote down the wrong time. So, cool, he can drink and drive again and possibly kill someone I care about. Awesome, hey?
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03-05-2011, 08:19 PM
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#25 | | I WANT MY 10 YEARS BACK FROM RS.net!
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| Quote:
Originally Posted by optiblue Crazy. I used to drink 2 beers or a glass of wine and still drive. I'm sure my blood alcohol content was below 0.08 back then. With the new law at 0.05, I order a coke or have water now. It's a stupid law but gotta play it safe! Posted via RS Mobile | Quote:
Originally Posted by skidmark Nope, it's not a stupid law. It reflects society's attempt to discourage something that injures and kills far too many people. | And apparently it's working, judging from optiblue's comments. Quote:
Originally Posted by jaggermouth And I can't believe there's lawyers for DUI's. That's brutal. One guy I know got off because the lawyer saw the cop wrote down the wrong time. So, cool, he can drink and drive again and possibly kill someone I care about. Awesome, hey? | My dad was summoned as a witness to a DUI accident once... scuzz driver got off because of a similar technicality.
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