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Driving with blood alcohol over 80 vs careless driving charge

peeler_feeler

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Dec 5, 2001
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My 23 year old newphew was charged with driving over 80. He was at a party, drinking a bit too much. He decided to sleep over at the party since he knew he could not drive. Later in the morning, on his drive home he was pulled over for some minor traffic violation. Cop could smell alcohol and road side breathalyzer failed. Arrested and taken to police station and blew 100. Charged with criminal offence of driving over 80.

Lawyer was able to get charges reduced to careless driving. Lawyer thinks it's a huge win to eliminate the criminal charge personally I think a careless driving charge with one year licence suspension is almost the same thing.
 

SchlongConery

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Jan 28, 2013
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Driving over 80 is a criminal offence.

Careless is a Provincial Offence under the Highway Traffic Act.

The plea is a gift. However, if the Crown is willing to offer that deal then they might feel they have a defect in their case. But my criminal defence lawyer friend who specializes in these cases said Over 80 is a very difficult case to defend except on procedural grounds.
 

Keebler Elf

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Aug 31, 2001
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Take the deal before the Crown revokes it. It is a huge gift. Having a criminal record will haunt him forever. Want to go to the US? Good luck with that and enjoy the hoops he'll need to jump thru.

Most of the old defense loopholes for Over 80 have been removed over recent years so VERY difficult to win.

This is one of those life lessons that he needs to learn from. And getting off with a careless driving charge is a huge break for him. The only thing dumber than doing it in the first place is passing on the deal.

As for the weakness of the Crown's case, maybe. But it's just as plausible the Crown has some sympathy for the kid and know a criminal conviction will fuck him for life so they're giving him an out.
 

Malibuk

Well-known member
Jan 9, 2017
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A criminal record can be a big deal for some people and have no effect for others.

1 year suspension seems excessive for careless although it is mid-range.
 

SchlongConery

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A criminal record can be a big deal for some people and have no effect for others.

1 year suspension seems excessive for careless although it is mid-range.

In fact, it is a one year suspension for driving over 80
 

peeler_feeler

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That's my point, basically same penalty minus the criminal charge aspect. On top of the 1 year suspension, a $1,600 fine, probation, and attending alcohol addiction course are also part of the careless driving terms. Again, almost the same as criminal conviction.
 

SchlongConery

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That's my point, basically same penalty minus the criminal charge aspect. On top of the 1 year suspension, a $1,600 fine, probation, and attending alcohol addiction course are also part of the careless driving terms. Again, almost the same as criminal conviction.

It's not even close to being "almost the same as a a criminal conviction". A criminal record can have huge implications on someone's life. Like being permanently barred from travelling to the United States. Like being excluded from certain jobs. Like having a criminal record!

But if it's only about money to you, then consider the implications of a Drive over 80 charge on his insurance record and his future rates.
 

peeler_feeler

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It's not even close to being "almost the same as a a criminal conviction". A criminal record can have huge implications on someone's life. Like being permanently barred from travelling to the United States. Like being excluded from certain jobs. Like having a criminal record!

But if it's only about money to you, then consider the implications of a Drive over 80 charge on his insurance record and his future rates.
It's not only about money and you raise a good point about insurance rates, however careless driving is also a significant insurance rate hurdle too.
 

oldjones

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Aug 18, 2001
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My 23 year old newphew was charged with driving over 80. He was at a party, drinking a bit too much. He decided to sleep over at the party since he knew he could not drive. Later in the morning, on his drive home he was pulled over for some minor traffic violation. Cop could smell alcohol and road side breathalyzer failed. Arrested and taken to police station and blew 100. Charged with criminal offence of driving over 80.

Lawyer was able to get charges reduced to careless driving. Lawyer thinks it's a huge win to eliminate the criminal charge personally I think a careless driving charge with one year licence suspension is almost the same thing.
The Criminal record would have been enough to make him ineligible to enter the USA, even if he eventually got a pardon. In Canada, the pardon would at least let him into the professions that his record would keep him out of for life. The lawyer is right.

Blowing a 100 after he supposedly 'slept it off' means he was lying to himself and you when he said he drank "a bit too much", .05 is enough to have his keys taken away. Since even one drink measurably affects driving performance, there is no 'safe' amount you can drink. The truism is Don't Drink and Drive. Not: Drink Just Enough.

If you nephew thinks he can have a few and still judge whether he's safe to drive, ask him if he'd be happy having the judge decide his case after having a few.
 

kkelso

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Apr 27, 2003
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It's not only about money and you raise a good point about insurance rates, however careless driving is also a significant insurance rate hurdle too.
What about the lesson of don't drink and drive? He deserved to be locked up.

KK
 

SchlongConery

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It's not only about money and you raise a good point about insurance rates, however careless driving is also a significant insurance rate hurdle too.

So what exactly are you asking here or what do you think would be an appropriate penalty for drunk driving? Or to keep someone who is even capable of thinking of driving while they are still drunk from sharing the roads with you, with me and families for a year or longer?


Not to be a dick towards you (I know you are a longtime terbite!:rockon:) but this process and your attitude and your nephew somehow trying to minimize his impairment is classic for almost everyone who drives drunk. Even after they kill people.

Maybe better to have him go to jail if he doesn't get it and still thinks he was ok to drive at 0.100 mg ? Might save some lives in the future?

Have you thought of having a heart to heart with him? Turn it around maybe and imagine he was killed by another 23 year old who drove home after he slept it off and was still impaired?

 

hamermill

Senior Member
Oct 2, 2001
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In a place far, far away
My 23 year old newphew was charged with driving over 80. He was at a party, drinking a bit too much. He decided to sleep over at the party since he knew he could not drive. Later in the morning, on his drive home he was pulled over for some minor traffic violation. Cop could smell alcohol and road side breathalyzer failed. Arrested and taken to police station and blew 100. Charged with criminal offence of driving over 80.

Lawyer was able to get charges reduced to careless driving. Lawyer thinks it's a huge win to eliminate the criminal charge personally I think a careless driving charge with one year licence suspension is almost the same thing.
If my nephew drove impaired I would disown him.
 

peeler_feeler

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Dec 5, 2001
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If my nephew drove impaired I would disown him.
I gave my nephew credit for "trying to sleep it off" at the party, so I would not disown him for that. He told me from now on, he'll take ubber or call someone to pick him up if he has even one drink at any party. He values his driver's licence and his freedom.
 

kkelso

Well-known member
Apr 27, 2003
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I gave my nephew credit for "trying to sleep it off" at the party, so I would not disown him for that. He told me from now on, he'll take ubber or call someone to pick him up if he has even one drink at any party. He values his driver's licence and his freedom.
I'd feel better if he valued other people's lives.

KK
 

JackBurton

Well-known member
Jan 5, 2012
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I don't think you will find much sympathy here on this board for a guy driving over the limit. If he gets off on a technicality then fuck him. He should do his punishment like a man, its the only thing those types of people understand.
 

bazokajoe

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Nov 6, 2010
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Driving under the influence of booze or drugs is the most selfish thing anybody could do. No regard for anybody else on the road or their families. It's always the drunk/stoner who walks away.Maybe as part of sentencing the guilty party should have to work in the coroners office for a few weeks.Let them see the pain when families come to identify their dead family member. If that doesn't straighten somebody out,nothing will.

One side comment. I am not sure if a DUI conviction will prevent you from going over the border.I know someone who was convicted of a DUI & street racing and has gone to the USA since her conviction with no issues.
 
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