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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 02-03-2011, 01:16 AM   #1
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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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Old 02-03-2011, 02:04 AM   #2
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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.
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Old 02-03-2011, 03:04 AM   #3
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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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Old 02-03-2011, 03:31 AM   #4
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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.
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No I certainly have learned and I definitely won't do it again.
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Old 02-03-2011, 04:50 AM   #5
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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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Old 02-03-2011, 10:21 AM   #6
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Old 02-03-2011, 10:25 AM   #7
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This kid has fail written all over him.
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Old 02-03-2011, 10:32 AM   #8
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In Vancouver, you can get a $100 ticket for public urination.
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Old 02-03-2011, 11:26 AM   #9
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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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Old 02-03-2011, 11:49 AM   #10
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the "dick" officer was saving you another $100 lol.
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Old 02-03-2011, 12:07 PM   #11
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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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Old 02-03-2011, 12:17 PM   #12
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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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Old 02-03-2011, 01:55 PM   #13
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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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Old 02-28-2011, 10:26 PM   #14
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So yep I saw a lawyer and even he said I no hope. But luckily no criminal charge.


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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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Old 03-02-2011, 08:00 AM   #15
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So I guess the RCMP is very serious about this new drinking and driving law in B.C.
you didnt know about the New Drinking and Driving Law that was passed down?

This is a Good Read For you on the Drinking and Driving Law if you didnt know about it
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Old 03-03-2011, 08:52 AM   #16
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In Vancouver, you can get a $100 ticket for public urination.
Even worse it's actually $250
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Old 03-03-2011, 09:59 PM   #17
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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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Old 03-04-2011, 08:26 AM   #18
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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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Old 03-05-2011, 01:41 AM   #19
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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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Old 03-05-2011, 03:18 AM   #20
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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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Old 03-05-2011, 03:36 AM   #21
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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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Old 03-05-2011, 06:47 PM   #22
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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!
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Old 03-05-2011, 08:47 PM   #23
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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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Old 03-05-2011, 08:50 PM   #24
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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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Old 03-05-2011, 09:19 PM   #25
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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!
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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.
And apparently it's working, judging from optiblue's comments.

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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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