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Police Forum Police Head Mod: Skidmark
Questions & info about the Motor Vehicle Act. Mature discussion only.

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Old 05-01-2009, 09:37 AM   #1
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DUI, no ticket just towed.

So my girlfriend and her friends took my car to grab us some cigarettes and Coffee, because my friends and I were shitfaced from watching the game, and she got breathalyzed on the way there.

She only had 2 beers, the gas station was 3 blocks away, and it was in my friends residential area. The car was towed, but she didn't get a ticket for a DUI, just 24 hour suspension. She has her class 5

What happens now?
Do I still have to wait until the suspension is over before I can go get my car back?
Does she get a DUI? there was only a ticket saying that she was suspended for 24 hours.
What does this mean for her insurance?
Would it affect her drivers abstract and show up as a DUI or suspension?

Thanks.

I know we could've just walked, but we couldn't function, and she and the other girls didn't want to walk in the cold. She's not bright.
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Old 05-01-2009, 09:43 AM   #2
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Yes she has to wait the full 24 hours before she can drive again. But i beleive you could get the car back because u dont have a suspended licence.
More than likly she will get a 3 month ban. Same thing happend to me. I was under the limit but had my N so i was fuked.
No insurance nothing, other than the fact she will have to pay her tickets before she can renew licence or insurance.
Yes a 24 hour shows up on ur drivers abstract.
Hope that helps
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Old 05-01-2009, 09:44 AM   #3
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3 month ban?
With her Class 5?

That just means I have to drive her everywhere now
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Old 05-01-2009, 11:06 AM   #4
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Most likely, the car was towed because she blew over the legal limit, and no one else was there that was either legal to drive, or didn't have any alcohol in their system.

You can go pick up the car anytime, but pay the heavy towing and storage penalty.

She will have the 24 hour suspension on her drivers abstract, but nothing will come of it. Unless she gets caught again blowing above the legal limit, in which case should be a 3 month driving ban.
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Old 05-01-2009, 11:27 AM   #5
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The car was towed to prevent continuation of the offence. You have to state on the 215 why you did NOT tow. Both occupants were impaired, she must have been over .05. Car is held 24 hrs and she can pick the car and her DL up after 24 hours. Recent court decisions have permitted tickets for drive without due care/consideration for 215 suspensions. She is lucky the Cop decided to just 215 & tow. Moral of the story...walk the 3 blocks or cab it next time. The 215 suspension will go on her driving abstract.
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Old 05-01-2009, 06:35 PM   #6
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Im confused zulutnago. I always thought if your get a 24 hour suspension it means you BLEW UNDER the limit, thus you do not get a dui. The reason for the 24 is because the cops are legally allowed to stop you under the influence of anything, even a sip of beer. It being not a dui, means its not a criminal offense, and that after 24 hours she can get her car and licence and their will be no reprucutions.
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Old 05-01-2009, 07:16 PM   #7
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If you blow anything over .50 mg% you get a 24 hr suspension under section 215 of the MVAct. This temporarily suspends your DL for 24 hrs. If you blow .50 to .99 ( a warn) . Blow a fail ( 100mg% plus) you go back for the Datamaster. Fail that and you get charged for Imp Dri...plus a 9o day suspension that starts 21 days after the day you failed the datamaster. If you blew 350 mg% ( I have seen this ) you get the same 215 suspension.
Every drunk I ever tested/charged said they had 2 drinks so Cops never believe that line at all. That's why she got tested. Remember..."impairment" is deemed to be ANY level of impairment...you don't have to be smashed to be considered "impaired".
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Old 05-01-2009, 07:19 PM   #8
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For everywhere except Vancouver:
class 5:
below 0.05 = finger wag and then you carry on your way
0.05 to 0.1 = WARN (24hr suspension)
0.1 + = FAIL (taken back for a breath test, 24hr suspension, Administrative Driving Prohibition, criminal charges)

Class 7:
0.00 to 0.1 = 24hr suspension
0.1 + = FAIL (taken back for a breath test, 24hr suspension, Administrative Driving Prohibition, criminal charges)

For Vancouver:
class 5:
below 0.05 = finger wag and then you carry on your way
0.05 to 0.1 = WARN (24hr suspension)
0.1 + = FAIL (24hr suspension)

Class 7:
0.00 to 0.1 = 24hr suspension
0.1 + = FAIL (24hr suspension)

Not 100% sure why vancouver doesn't do impaired investigations.
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Old 05-01-2009, 07:27 PM   #9
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Quote:
Originally Posted by zulutango View Post
Every drunk I ever tested/charged said they had 2 drinks so Cops never believe that line at all. That's why she got tested. Remember..."impairment" is deemed to be ANY level of impairment...you don't have to be smashed to be considered "impaired".
I had one claim 1 drink 2 hours prior, yet I could still smell it on her breath, and she blew a FAIL.
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Old 05-01-2009, 11:12 PM   #10
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Have any of you officers ever heard someone say "I had 1 drink a few hours ago" and you just took their word for it, and not given them a breathalizer, or does any amount of alcohol they admit to a guaranteed breathalizer?
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Old 05-02-2009, 02:43 AM   #11
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The term under the legal limit is waaay too loosely used.

First of all, under the criminal code there are two charges common to intoxicated drivers. Driving over .08 and driving while impaired. TWO charges

Driving between .05 and .08 is still not under the limit according to the motor vehicle act. Get your mind off the .08 "limit" its nearly impossible to gauge how drunk you are so its better to stop after one or two.... believe me!
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Old 05-02-2009, 02:58 AM   #12
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i know class 7-N drivers normally have their license prohibited following a 12-24hr roadside suspension but are you sure its the same for class 5?
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Old 05-02-2009, 01:17 PM   #13
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No its not the same for a class 5. The superintendent of motor vehicles will review it at the end of the year, if you have more than one you are looking at a possible suspension and or an increase of your insurance by 300-900 dollars. For one suspension there is no rule as to what happens, depends on the rest of your driving history etc.
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Old 05-02-2009, 04:22 PM   #14
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Quote:
Originally Posted by MarkyMark View Post
Have any of you officers ever heard someone say "I had 1 drink a few hours ago" and you just took their word for it, and not given them a breathalizer, or does any amount of alcohol they admit to a guaranteed breathalizer?
I take their word for it quite often. No point wasting a breath tube if you know they are going to blow under. You'd be surprised how easy it is to smell liquor on a person's breath when they are in a car and you haven't been around people drinking. When a person admits to having a drink, I pretty much always already know that they have been drinking and am only asking the question to gauge their response.

and sho_BC a couple corrections to your little chart. For class 7 drivers:
0.00 - 0.049 = 12 hour suspension.
0.05 - 0.099 = 24 hour suspension
> 0.1 = 24 hour suspension, Administrative Driving Prohibition, criminal charges.

Also Vancouver does do impaired investigations, depending on the member. I recently arrested a guy for driving while prohibited as a result of an ADP out of Vancouver. So people shouldn't be banking on the fact that they will only be getting a 24 hour suspension in Vancouver.
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Old 05-02-2009, 04:46 PM   #15
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Oops. That's the problem with copy/pasting.
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Old 05-04-2009, 01:27 AM   #16
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Quote:
Originally Posted by MarkyMark View Post
Have any of you officers ever heard someone say "I had 1 drink a few hours ago" and you just took their word for it, and not given them a breathalizer, or does any amount of alcohol they admit to a guaranteed breathalizer?
I've passed through roadblocks numerous times after having a 2-3 drinks over the course of a night. I've even had an officer ask me exactly what I drank. Not once have I had a problem.
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Old 05-04-2009, 07:35 AM   #17
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When people actually tell you the truth about how much they drank...is the exception rather than the rule. In 28 years of looking for impaired drivers I have been told the truth amybe 40 or 50 times...I have been lied to thousands of times...so many I can't even guess. It's all an attempt to avoid the consequences. We know what to look for an listen for. For example, one DWI I charged last year...stopped at a roadblock. Window rolled down....slight smell of booze in car..".have you had any alcohol to drink in the past 24 hours?"....his response...."No....not really". Failed the ASD and blew about 1 1/2 times the limit. He got caught about 50 m from his house. There are indicators to look for and when you see/smell/hear them...and somebody denies them, you have just caught a liar and likely an impaired driver.
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