I would rather ask a person who had a family member go through this for their advice on what their family member did rather than ask some of the Sunday afternoon legal eagles here.
Buddy got charged in a spot check.
- Thread starter fmahovalich
- Start date
A
Another_Mod
http://www.torontotraffictickets.com/impaired-driving-2.htm
Refusing the Breathalyzer Test in Ontario
You will be charged criminally, if your refuse to complete a roadside screening device test or a Breathalyzer Test at the Police Station. The penalty is the same as an Impaired Driving conviction.
Yeah, but I can think of at least one other "legal eagle" who has posted on this thread, who Monday through Friday probably goes for about $250 to $550 an hour... And while he is a service provider, it's not in the same fashion as can be found in another section of this forum.
So in those circumstances, BB, might as well take our advice when it is free.
And yes, refusing a breathalyzer test will nab you a solid criminal charge. Same with "Failing", hence, Fail/Refuse the charge reads. So don't get the bright idea of "Oh, I tried to blow into it, my lungs must not be strong enough."
Much thanks to those who are contibuting to the thread...Some great info...
to the others..who post irrelevant stuff...fill your boots...but the name calling and jealousy is just that...IRRELEVANT to the thread!!
to the others..who post irrelevant stuff...fill your boots...but the name calling and jealousy is just that...IRRELEVANT to the thread!!
Just grab your buddy a lawyer that wants to trade services for a condo rental. Cant go wrong.
And not for nothing but in this day and age if someone still gets behind the wheel of a car with even one drink in the last 2 hours he or she is a doucebag befitting the raping he or she will get in jail.
I certainly am not a lawyer, but even if he had a copy of the bar bill wouldn't the dialogue in court go something along these lines:
Defendant: I have a bar bill showing what I had to drink.
Crown: Okay, so you admit to having x amount of drinks, now can you prove that you didn't buy any drinks for cash, accept any drinks from someone else nor drank anywhere else during the time in question?
Defendent: Ummmm.... no.
Crown: Moving on.....
BUT YOU DON'T SEEM TO UNDERSTAND what you read.... So I'll say it ONE MORE TIME.....Under the Canadian Charter of Rights and Freedoms a person accused of whatever "criminal offence" has the right to presumption of innocence UNTIL guilt is proven in a court of law.
What I have been posting about is PRIOR to any conviction being rendered by the court.
DID YOU GET IT THAT TIME?????.... The lights are on but no one's home!!!!!
The bill itself is nothing but it could be a relevant component to a possible Carter defence along with witnesses and an expert toxicology report.
And this could be just part of the defence strategy along with potential improper procedures like a breath test within 15 minutes of the last drink.
Even if you fail the subsequent test, you wouldn't have even been there but for this improper procedure.
For a first offence with a marginally over reading and no accident and with a very good local lawyer who specializes is these cases and who knows the players and is known in the court, the chances are not as slim as some people claim.
It is certainly not routine to beat such a charge but it is hardly a rare event either.
You don't have to prove innocence and/or incompetence.
You just have to establish a plausible reasonable doubt or get the Crown to rather deal with easier fish to fry.
You do have the right to refuse. However are you willing to deal with the automatic consequences of refusing?
Would you be citing the Charter if a drunk driver struck your vehicle, injured or killed someone close to you?BUT YOU DON'T SEEM TO UNDERSTAND what you read.... So I'll say it ONE MORE TIME.....Under the Canadian Charter of Rights and Freedoms a person accused of whatever "criminal offence" has the right to presumption of innocence UNTIL guilt is proven in a court of law.
What I have been posting about is PRIOR to any conviction being rendered by the court.
DID YOU GET IT THAT TIME?????.... The lights are on but no one's home!!!!!
Bravo!So, if I'm understanding you correctly, if they only post what you want to hear, all is good. But if it's not, then they're ill-mannered, condescending, petulant and worthless.
Sure sounds like you're trying to control what's posted and where.
Must be my low self-esteem, eh?
