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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 08-24-2015, 08:28 PM   #1
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90 day and impound on a camping trip

Hey guys,

I was scouring the web for something like this and here I am.

What happened was went camping far up in Harrison lake like really out in the boonies. Had a awesome night, drank alot. Went to sleep only to wake up having to use the outhouse for #2. But the outhouse is a little while away. So i drove, on the way I got hit by a huge truck slowing down because like i said it was the boonies and the roads were gravel basically. They hopped out to see how I was, smelt alcohol on my breathe called the cops. I got towed/impounded and I did not take the breathalyzer. So my question is... considering I do not want this on my record due to future employment, is it worth fighting this thing? And if so what should I do?

Appreciate anything,
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Old 08-24-2015, 09:04 PM   #2
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Based on what you've told us, the type of employment you're most likely going to have will not be affected much by this being on your record.

No need to fight it.

Did insurance cover you at all? Just curious.
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Old 08-24-2015, 09:11 PM   #3
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I would definitely fight it. Regardless of your future employment..

your car is still in the impound lot,
i'm going to assume the 90 days is a suspension,
your car is damaged,
and you may be physically injured but don't even know it yet.

Why wouldn't you fight it..?
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Old 08-24-2015, 09:54 PM   #4
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Why wouldn't you fight it..?
because he was under the influence and behind the wheel?

maybe not under the influence anymore, but no breatherlyser was taken so how can it be proved?

Canadian court is guilty until proven innocent.
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Old 08-24-2015, 09:58 PM   #5
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With alcohol being a factor in this, I really don't see how this ends well for OP/him winning this case in the end especially with him refusing the breathalyzer
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Old 08-24-2015, 10:31 PM   #6
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He didn't specify whether he refused the breathalyzer, or whether they simply didn't ask.

I mean, I'm one of the first to say, man up and take your lumps... but the whole dispute process exists to keep the system honest and provide us fair treatment. If the impoundment happened without the breathalyzer even being offered, then I'd say, hell yeah, dispute it.

OTOH, if OP refused to blow, well... then suck it up, princess.
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Old 08-24-2015, 10:42 PM   #7
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half cut in middle of nowhere...thinking you won't get caught....yeah okay,i wouldn't waste my $$$ hiring any court workers.
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Old 08-24-2015, 10:44 PM   #8
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The only way a 90 day IRP/ADP is allowed to be issued and a breath sample was not provided, is if you failed or refused to provide said sample. If that wasnt the case for you, you would have legitimate grounds for dispute. If you were so hammered that you don't remember if one was offered, your chance of winning a dispute is pretty low.

As for being covered by icbc, there is a box to fill out (its only a number in a box, nothing obvious) on the collision report to let the person dealing with the claim know that alcohol was a factor or in some way involved. When alcohol is involved, especially at the point where a 90 day prohibition was issued, icbc is less likely to cover that driver.

Remember that icbc works on the civil side, which is balance of probabilities. If they get challenged, all they have to show is that if the OP hadnt been impaired, the collision would not have/would likely not have happened.
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Old 08-24-2015, 11:33 PM   #9
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I don't get it. youre out camping- you couldnt find a pretty bush and dropped the deuce?
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Old 08-25-2015, 07:04 AM   #10
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I don't get it. youre out camping- you couldnt find a pretty bush and dropped the deuce?
That's what I was wondering. Out in the middle of nowhere does not include toilets and cell service.

If squatting isn't your thing, make your own throne from a chair you can probably pick up somewhere for free.

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Old 08-25-2015, 08:39 AM   #11
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OP needs to confirm whether or not breathalyzer was offered.

By the sounds of it, OP refused breathe sample thinking he could somehow fight the case.
If this is infact true OP, well you just hung yourself.


PS. OP must not have had toilet paper on hand, and must be too good to wipe his bumhole with leaves.
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Old 08-25-2015, 09:46 AM   #12
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The whole story hinges on weather or not the breath sample was offered at the time. If the officer for some reason didn't have the equipment and no sample was offered/taken. Then by all means dispute. If you refused, You're up shit creek without a vehicle.

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Old 08-25-2015, 10:46 AM   #13
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for the future and anyone else reading this. harrison is actively logged. the logging trucks have the right of way. many of the cops that police the area are dicks as well. ive had more than one friend have their vehicle seized and license pulled for suspicion of weed consumption and left in the bush to find their own way out. one was a chick over 35kms up with no way out. thats a long fuckin walk!
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Old 08-25-2015, 10:55 AM   #14
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Thanks for the replies, and yes I was offered a breathalyzer after he drove me back to the station. Thats when I refused for some reason thinking it would be better that way. I guess i am crap outta luck on this one.....
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Old 08-25-2015, 10:58 AM   #15
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for the future and anyone else reading this. harrison is actively logged. the logging trucks have the right of way. many of the cops that police the area are dicks as well. ive had more than one friend have their vehicle seized and license pulled for suspicion of weed consumption and left in the bush to find their own way out. one was a chick over 35kms up with no way out. thats a long fuckin walk!
Why didn't she ride out with the person who towed her vehicle?

They don't just leave you stranded in the middle of the bush. You know how much trouble PO's and SAR members go through to find missing people in the backcountry? They aren't dumb enough to just abandon someone in the middle of a trail without a car.
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Old 08-25-2015, 11:04 AM   #16
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Refusing a Breathalizer is admitance to being guilty.
Thats what I have always understood from various officers.

Good Luck
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Old 08-25-2015, 11:19 AM   #17
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yes I was offered a breathalyzer after he drove me back to the station. Thats when I refused for some reason thinking it would be better that way.
You sir are fucked.

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Old 08-25-2015, 02:52 PM   #18
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Old 08-25-2015, 02:57 PM   #19
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Refusing a Breathalizer is admitance to being guilty.
Thats what I have always understood from various officers.

Good Luck
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Old 08-25-2015, 03:04 PM   #20
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Thanks for the replies, and yes I was offered a breathalyzer after he drove me back to the station. Thats when I refused for some reason thinking it would be better that way. I guess i am crap outta luck on this one.....
Okay, that's double-fail, since your BAC would have dropped even more by then (probably still not enough to put you under the limit, but there's always the chance...)
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Old 08-25-2015, 03:28 PM   #21
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Just be thankful you and the other party is alive to discuss. Could be a lot worse!
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Old 08-25-2015, 04:27 PM   #22
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Why didn't she ride out with the person who towed her vehicle?

They don't just leave you stranded in the middle of the bush. You know how much trouble PO's and SAR members go through to find missing people in the backcountry? They aren't dumb enough to just abandon someone in the middle of a trail without a car.
Thats what I woulda thought but she was left stranded. Had to hike 15km's till she got cell reception and called for a ride.
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Old 08-26-2015, 05:10 AM   #23
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Thanks for the replies, and yes I was offered a breathalyzer after he drove me back to the station. Thats when I refused for some reason thinking it would be better that way. I guess i am crap outta luck on this one.....
Wait. What paperwork did you get? That sounds like you got an ADP, not an IRP. IE criminal refusal charges.
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Old 08-27-2015, 11:35 AM   #24
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No I got the IRP 90 days and the 30 day impound paperwork
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Old 08-27-2015, 12:56 PM   #25
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And where exactly was the demand for a breath sample read? Why did you go back to the detachment?
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