[remins]

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,

[inv4zn]

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.

[bossha]

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..?

[tiger_handheld]

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.

[jeedee]

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

[Soundy]

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.

[Mr.Money]

half cut in middle of nowhere...thinking you won't get caught....yeah okay,i wouldn't waste my $$$ hiring any court workers.

[sho_bc]

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.

[Fafine]

I don't get it. youre out camping- you couldnt find a pretty bush and dropped the deuce?

[Zedbra]

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.

http://www.ultimatetop10s.com/wp-content/uploads/2013/04/Redneck_toilet_10_garden_chair.jpg

[melloman]

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.

[Berzerker]

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.

Berz out.

[Phil@rise]

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!

[remins]

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.....

[meme405]

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.

[Urrtoast]

Refusing a Breathalizer is admitance to being guilty.
Thats what I have always understood from various officers.

Good Luck:cool:

[Berzerker]

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.

Berz out.

[corollagtSr5]

$1500 dollar duece!

[jeedee]

Refusing a Breathalizer is admitance to being guilty.
Thats what I have always understood from various officers.

Good Luck:cool:

strong post content to username

[Soundy]

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...)

[punkwax]

Just be thankful you and the other party is alive to discuss. Could be a lot worse!

[Phil@rise]

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.

[sho_bc]

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.

[remins]

No I got the IRP 90 days and the 30 day impound paperwork

[sho_bc]

And where exactly was the demand for a breath sample read? Why did you go back to the detachment?

[dared3vil0]

You're camping and you drive somewhere to drop a deuce. What the fuck. More to this story than you're telling us.

[underscore]

OP doesn't sound terribly experienced in the usage of the outdoors, considering they're explaining to us how a forestry road is "basically gravel"

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.

No offense but I have a hard time believing your friend has told you the completely accurate and unbiased version of that story.

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...)

IIRC they have ways of calculating the rate at which you're processing alcohol and from there can work out your BAC at the time of the incident.

[meme405]

No offense but I have a hard time believing your friend has told you the completely accurate and unbiased version of that story

Agreed. If groups like NSSAR or any other SAR found that what Phil wrote is true they would castrate all involved. The police and tow truck driver would definitely know that.

Only way I can imagine them leaving her, is if she refused to get in the vehicle, or was belligerent and abusive.

As I stated before, these are the same first responders who often get called out when people get lost in the bush and they search day and night to rescue them. They don't just abandon you in the middle of the bush.

[Phil@rise]

you dont get a free ride home when your vehicle is seized. an fsr is no different in the eyes of some.

I feel for this guy here a little cus I go for a drive in the morning for my deuce. I never deuce near camp. My friends and myslef all have dogs last thig you want is one of them dogs digging up said deuce lol. Im sure Id reak of booze too and so would my truck after sweating it out all night hahaha

[underscore]

you dont get a free ride home when your vehicle is seized. an fsr is no different in the eyes of some.

I got one when my car was seized, but it wasn't a DUI.

[meme405]

I got one when my car was seized, but it wasn't a DUI.

I didn't get a ride home, but the tow truck driver atleast took me back to his yard in town, where I was able to get a family member to come give me a lift. This wasn't a DUI neither, it was an excessive speeding infraction.

[Phil@rise]

I had to walk and it was just a 24 hour suspension. Tow truck wouldnt let me in and I didnt have a cell at the time, cop wouldnt call me a cab either.

[jeedee]

cop wouldnt call me a cab either.

wow that's shitty.

The cop is supposed to call a cab for you (if you weren't/aren't able to get a lift from someone you know).....

[underscore]

Pretty weird, admittedly the officer that pulled me over was insanely nice and gave me warnings on a couple things, but she was going to give me a ride home until someone with this volunteer police assistance group (?) came by and picked me up. I'd never heard of it before but I guess it's just civilians that volunteer to help the RCMP out with stuff like that or something.

[remins]

Hey guys,

So just to close this off, I got a lawyer and did a oral hearing with icbc. The hearing was last Friday, and just found out today that EVERYTHING was overturned! I get my license back and can get my car out of impound as of today.

[Phil@rise]

congrats. Did they say why it was overturned?

[remins]

The email that i received from my lawyer says i was not the driver under the act of 215.41(1) which got everything overturned.

[Berzerker]

Wait wut? Not the driver??

215.41 (1) In this section, “driver”
includes a person having the care or control of a motor vehicle on a highway or industrial road whether or not the motor vehicle is in motion.

Were you driving or not? Or was the fact it was on a back road the provision?


Berz out.

[murd0c]

you dont get a free ride home when your vehicle is seized. an fsr is no different in the eyes of some.

I feel for this guy here a little cus I go for a drive in the morning for my deuce. I never deuce near camp. My friends and myslef all have dogs last thig you want is one of them dogs digging up said deuce lol. Im sure Id reak of booze too and so would my truck after sweating it out all night hahaha

It is fun to drop duce in front of your tent tho :whistle:

[6o4__boi]

The email that i received from my lawyer says i was not the driver under the act of 215.41(1) which got everything overturned.

http://files.gamebanana.com/img/ico/sprays/51516848af9fb.jpg

[zulutango]

I'm assuming he got to drive drunk and not get charged because the place where he was driving was not a "highway or industrial road"..

"highway" includes

(a) every highway within the meaning of the Transportation Act,
(b) every road, street, lane or right of way designed or intended for or used by the general public for the passage of vehicles, and
(c) every private place or passageway to which the public, for the purpose of the parking or servicing of vehicles, has access or is invited,
but does not include an industrial road;



"highway" means a public street, road, trail, lane, bridge, trestle, tunnel, ferry landing, ferry approach, any other public way or any other land or improvement that becomes or has become a highway by any of the following:

(a) deposit of a subdivision, reference or explanatory plan in a land title office under section 107 of the Land Title Act;
(b) a public expenditure to which section 42 applies;
(c) a common law dedication made by the government or any other person;
(d) declaration, by notice in the Gazette, made before December 24, 1987;
(e) in the case of a road, colouring, outlining or designating the road on a record in such a way that section 13 or 57 of the Land Act applies to that road;
(f) an order under section 56 (2) of this Act;
(g) any other prescribed means;

[Phil@rise]

"I'm assuming he got to drive drunk"
Is it just me or does this read just a touch bitter and presumptuous ?

[zulutango]

"I'm assuming he got to drive drunk"
Is it just me or does this read just a touch bitter and presumptuous ?




Quote..."Had a awesome night, drank alot. Went to sleep only to wake up.."

And the fact that the Cop who stopped him also believed he was impaired...the human body takes a lot of time to process the alcohol when someone "drinks a lot" and a couple of hours does not accomplish that. I have stopped impaired drivesr middle of the afternoon of the day after the party and they were stilll over the legal limit because they "drank a lot".

Bitter...no.....presumptuous....yes. I preseume based on what he told us and what the Cop did...he was still impaired.

[Berzerker]

He was impaired and he knows it. Good job on the lawyers part. Hope this learned OP a lesson.

Berz out.

[meme405]

Hope this learned OP a lesson.

This.

As long as OP learns a lesson in all of this, that's what matters.

These suspensions and penalties exist in order to curb the behaviour (whether that be speeding, DUI, running a stop sign, etc.), as long as the person learns their lesson it's whatever.

[sebberry]

So in the eyes of the law, OP is not guilty. But he still had a vehicle towed, impounded. Charges might have been dropped, but there's no dropping the impound time already served.

That's the problem with these IRPs.

[zulutango]

Some would say that it got a drunk out of a car and off the road....before anyone or anything got hurt?

[sho_bc]

Some would say that it got a drunk out of a car and off the road....before anyone or anything got hurt?

No, it sounds like the OP's veh and another were hurt. ICBC is likely to deem the OP at fault based on having alcohol on board at the time.

[zulutango]

You are correct...I did not read back to first post......no body got injured and ICBC will find whoever at fault. Alcohol involved so they usually assign
fault to that driver and no coverage for the DWI.

[Soundy]

In other words, OP beat the DWI rap, but is still fucked.

Sorry, sebberry.

[tiger_handheld]

OP can you post the Wizard and his Guild info other who may need his wizardry?

"lawyer letter says not the driver" ... EPIC!

[Phil@rise]

Quote..."Had a awesome night, drank alot. Went to sleep only to wake up.."

And the fact that the Cop who stopped him also believed he was impaired...the human body takes a lot of time to process the alcohol when someone "drinks a lot" and a couple of hours does not accomplish that. I have stopped impaired drivesr middle of the afternoon of the day after the party and they were stilll over the legal limit because they "drank a lot".

Bitter...no.....presumptuous....yes. I preseume based on what he told us and what the Cop did...he was still impaired.

Got drunk and slept it off in his vehicle is gonna cause a vehicle to reak of booze. Ive done it up in the bush 100 times. It doesnt mean your drunk when you wake up x amount of hours later. It usually leads to one hell of a gagging reaction when you get back in lol.

[zulutango]

Got drunk and slept it off in his vehicle is gonna cause a vehicle to reak of booze. Ive done it up in the bush 100 times. It doesnt mean your drunk when you wake up x amount of hours later. It usually leads to one hell of a gagging reaction when you get back in lol.


Unless enough time had passed for your body to eliminate the alcohol (usually 1 hour per normal drink) the smell is not the only thing that remains behind. Usually a couple of hours sleep doesn't burn off a 6 pack of beer...or whatever else you have been drinking. Drink enough and it is entirely possible to still be impaired the next afternon. I had a couple like that in the past.

[geeknerd]

When I drink and drive, I always refer to this chart on wikipedia's BAC article.

http://i.imgur.com/Bqm3t5F.png

[sho_bc]

I wouldn't count on that chart to be accurate. There are too many variables that the chart doesn't take into consideration and many assumptions made in the "constants" for the calculation. Also, just because you stop drinking, doesn't mean your BAC automatically starts falling. It takes time for the alcohol to enter the blood stream and your body to be affected. I've seen Breath Tests where, an hour after being stopped, the test subject's BAC was still increasing.

[Gumby]

When I drink and drive, I always refer to this chart on wikipedia's BAC article.
That just sounds wrong. :p

[meme405]

When I drink and drive, I always refer to this chart on wikipedia's BAC article.


Right cause that's what we all learned in school: wikipedia is a completely reliable source, and of course the information can't simply be edited by anyone...

:facepalm:

[Phil@rise]

yup just cus its passed your lips doesnt mean its in your system.

[geeknerd]

I should've stated that I leave a good amount of buffer time when referring to the chart. couple hours at least.