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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 08-03-2014, 11:17 AM   #1
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DUI, ticket form has fail and warn checked off

Hi, a friend of mine got a DUI the other night. Was asking me for information that I don't have, so I'm forwarding the question on here. She got a DUI, said she blew 2 times. On the blue paper thing she got, it has a "warn" box checked for 3 day suspension and a "fail" box checked for 90 day suspension. Car got towed too and I think for 30 days. I'm assuming that since it's 30 day impound, it has to be the fail and 90 day driving prohibition? What she was asking me about was why both warn and fail were checked off and if you blow 2 times, do they take the lower of the 2?

I don't know what the circumstances were with the drinking and driving and quite frankly doesn't matter because drinking and driving and simply stupid. Her story was that she had 9 ounce glass of wine with dinner. I personally don't drink so I don't know how to judge any of that.
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Old 08-03-2014, 12:39 PM   #2
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Why are people always on here "asking for friends"?

Every question in this forum starts with "My friend".

If your "friend" wants answers, tell her to call the fucking police department, and talk to them. We don't know her situation, and by the information you have given us, you don't know either.

For example:

-Did she blow a fail both times? Or one of each?
-What did the officer tell her exactly? Normally they do a pretty good job of explaining the ticket, but when your drunk, you aren't normally very good at listening.

From the sounds of it, I would guess she blew a warn one time, and a fail the other. That's why both boxes are checked, in this scenario my assumption is that the heavier sentence would stick (as it should, and I hope it does).

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Old 08-03-2014, 12:52 PM   #3
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Originally Posted by meme405 View Post
Why are people always on here "asking for friends"?

Every question in this forum starts with "My friend".

If your "friend" wants answers, tell her to call the fucking police department, and talk to them. We don't know her situation, and by the information you have given us, you don't know either.
I appreciate the response. I'm asking for her because I didn't know the answer to the question regarding fail and warn and I can post here so I did. I honestly don't care to ask further about the details as I feel the same way as you regarding D&D. I've been sober for 8 years so i don't understand why ppl do it. I was just looking for an answer to what it meant if both of those were checked. Thanks again.
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Old 08-03-2014, 03:41 PM   #4
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1 9oz glass of wine with dinner, with no other alcohol consumption, nor other still in her system from before, would NOT get her a fail, which is over .10 these days. Trust me on this, I'm a trained professional AND I stay in Holiday Inn Express. Her first sample was likely not a full deep lung sample, but the second one was. Hence the 2 readings. In my experience, people who know they are impaired often only try to give a low quality first sample as they try to beat the RSD. Friends, specially impaired ones, don't usually say what really happened.

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Old 08-03-2014, 03:46 PM   #5
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I find with these types of issues its usually best to post a picture of the friend to help with the answers.
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Old 08-03-2014, 04:08 PM   #6
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AND I stay in Holiday Inn Express
Lol.

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I find with these types of issues its usually best to post a picture of the friend to help with the answers.
Lol.
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Old 08-03-2014, 04:49 PM   #7
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1 9oz glass of wine with dinner, with no other alcohol consumption, nor other still in her system from before, would get her a fail, which is over .10 these days. Trust me on this, I'm a trained professional AND I stay in Holiday Inn Express. Her first sample was likely not a full deep lung sample, but the second one was. Hence the 2 readings. In my experience, people who know they are impaired often only try to give a low quality first sample as they try to beat the RSD. Friends, specially impaired ones, don't usually say what really happened.
With the new laws, the lowest sample prevails, no matter which order the WARN/FAIL samples come in.

There should only be one box ticked off for a valid IRP. It is possible, though maybe not likely, without having seen the actual form, that the mark is not a check-mark/"x", but a mark from a clipboard etc that carried through the carbon copying process.
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Old 08-03-2014, 08:31 PM   #8
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Thanks for the update. In MY day we used to just march them 30 miles in the desert & leave them there to walk home. To quote...


In the relatively moderate Emirates last summer, an Abu Dhabi man was sentenced to 80 lashes and fined more than $7,000 US after he tested positive for alcohol following a traffic accident.

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Old 08-03-2014, 08:42 PM   #9
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"friend"

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Old 08-03-2014, 09:53 PM   #10
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"Friend". lol.
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Old 08-03-2014, 11:22 PM   #11
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So... does your "friend" know what she blew on the first and second time? Or was she too drunk from the "one" glass of wine she probably had "2-3 hours ago"?... If she blew fail twice, the answer is pretty clear. There is also something that is pretty handy called the Police file number which is written on the Notice of Prohibition form... best way for your "friend" to find out is to speak to the officer who served her the suspension... I am sure she would remember some of what the cop said to her after just "one" glass of wine.
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Old 08-04-2014, 04:06 PM   #12
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I find with these types of issues its usually best to post a picture of the friend to help with the answers.
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Old 08-06-2014, 03:13 PM   #13
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Zulu, how was the March West?
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Old 08-06-2014, 07:15 PM   #14
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Zulu didnt make it past Fort Macleod in the initial march.
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Old 08-06-2014, 09:16 PM   #15
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It was all going just fine until the guides we hired, got lost, so somebody fired the guns so that they could find their way back to camp....stampeding all the horses in the process as the gunfire frightened them away..,..the horses, not the damned guides. True story.
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Old 08-10-2014, 04:33 AM   #16
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It was all going just fine until the guides we hired, got lost, so somebody fired the guns so that they could find their way back to camp....stampeding all the horses in the process as the gunfire frightened them away..,..the horses, not the damned guides. True story.
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Old 08-10-2014, 05:31 AM   #17
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He had Justin Trudeau's PR man design his resume.
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Old 08-19-2014, 01:54 PM   #18
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Sorry to hear that about your friend. Everyone makes mistakes. It's important to learn from them. As I don't frequent the forum much I could not pass you a referral for a reliable and competent lawyer. The dispute period is certainly over so your friend has to suck it up.

For the record, I've made the same mistake but all thanks and praise to God, was acquitted after appeal (with diligent efforts from said lawyer too).

Lesson learned. Don't drink and drive and get caught (just joking).
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