Anyone know a good laywer?
- Thread starter luckyseven
- Start date
Meister...
I guess I am an idiot. Please explain your little bunny cartoon. I honestly can't figure it out. Thanks.Meister said:
My apologies. My information was correct for my time period and jurisdiction. Neither of which applies to Ontario at this point in time.MichaelZzzz said:
My science is correct though. Alcohol saturation in oral tissues is not representative of the blood alcohol level at the point in time that the blood is circulating in the brain.
Which legally stands for zilch in Ontario at this point in time.
Now shutting TFU.
That might be useful advice if the result of the residual, initial breath test hadn't suggested you were so very drunk.Malibook said:
Your lawyer should have advised you by now what the implications are of having blown .169, then .155 at the police station at measured time intervals after having been stopped on the road. And those readings will set up a scientific model for what your BAC level was while you were driving. As a hint, having been taken long after your initial stop, these readings indicate that your BAC was not within the legal limit but for residual alcohol on your breath at the time of the traffic stop.
Lives are forever altered in a matter of seconds. Consider yourself lucky that you aren't facing vehicular manslaughter charges, or worse (such as a loved one being lost to a traffic incident under such conditions).
You're probably OK. The rule of thumb for a typical size male is that you can have two drinks in the first hour, and then a drink an hour after that, and be OK. That is probably right on the line, so best wait an extra hour after the last drink if you think you're anywhere close to that.wet_suit_one said:
The driver's manual used for the road tests actually has a chart in the back that you can look up your weight in, and see how many drinks over what time period is acceptable.
A drink or two will not put you over.
To get to a blood alcohol level twice the legal limit the original poster must have had more drinks than that, or over a shorter time.
Perhaps the claimed drink count is more doubtful than the test results.Meister said:
How big were those 3 beers and 1 shot?
It's all dependent on weight... If you're ~180 pounds... it's 1 drink an hour... BUT... it's cumulative... it takes more than an hour to get rid of a drink. If you drink 1 drink an hour for 12 hours, chances are you'll be over unless you wait an hour or two before driving.
I personally cap myself at two drinks... and if it's a drink like a Martini or one of the stronger 7% beers, then those count for two drinks.
For that reason, if I have to drive, I stick to one or two light beers and then cut myself off two hours before I leave.
I once got stopped by ride after leaving the Wine and Cheese show. And I had followed my own advice and I blew .018.
The point is that forget about .08... you don't even want to get above .05.
Over .05 and they can suspend your licence if they choose.
And staying under .05 with a margin for error means... one LIGHT drink per hour for a 160-180 pound person... then cut yourself off 2 hours before leaving. And if you're just getting together for a short period of time... then limit yourself to ONE LIGHT drink... and if you can't do that, then stick to coke/diet coke/water/shirley temple/cranberry juice/OJ/etc.
I personally cap myself at two drinks... and if it's a drink like a Martini or one of the stronger 7% beers, then those count for two drinks.
For that reason, if I have to drive, I stick to one or two light beers and then cut myself off two hours before I leave.
I once got stopped by ride after leaving the Wine and Cheese show. And I had followed my own advice and I blew .018.
The point is that forget about .08... you don't even want to get above .05.
Over .05 and they can suspend your licence if they choose.
And staying under .05 with a margin for error means... one LIGHT drink per hour for a 160-180 pound person... then cut yourself off 2 hours before leaving. And if you're just getting together for a short period of time... then limit yourself to ONE LIGHT drink... and if you can't do that, then stick to coke/diet coke/water/shirley temple/cranberry juice/OJ/etc.
Having lost more than one family member due to impaired driving I am disgusted by the OP's excuses. More people are affected by this than one would imagine. I have zero sympathy and think anyone caught drinking and driving should go to jail....immediately.
See following paragraph copied from a MADD article.
"Every day in Canada, four people are killed and 196 are injured because of drunk drivers. This means that for every son, daughter, mother or father in Canada who has died because of impaired driving, 49 others have been injured."
That is only Canada.
See following paragraph copied from a MADD article.
"Every day in Canada, four people are killed and 196 are injured because of drunk drivers. This means that for every son, daughter, mother or father in Canada who has died because of impaired driving, 49 others have been injured."
That is only Canada.
ya only had a few drinks they all say that. do the crime pay the fine along with suspended licience and incresed insurance rates.
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enduser1
Its all technicalities. That will be your battle right there. Technicalities. There are specialists who will give you a good defence for 5,000.00. Basically you have problems.
EU
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The above statement by EU is, in a nutshell, the cornerstone of our lax legal system. (I refuse to call it a justice system since "justice" is rarely served.)enduser1 said:
Also, the statement "innocent until proven guilty" is somewhat flawed since many hardened criminals are "proven innocent" based on technicalities...
Furthermore- lawyers that "specialize" in finding and exploiting these "loopholes" are giving the "good lawyers" a bad name.
Just my nickels worth...
No, that is not what I mean, although I suppose this is possible.MichaelZzzz said:
The point about delaying the trial was not to gain any points.
The point is to possibly avoid a tougher judge and take your chances of getting a different one later.
The courts are very busy.
Even when your trial is scheduled, your case could be behind a serious robbery trial or some other likely lengthy case, and the prospect of the cops sitting in court all day for nothing could be a potential factor.
If the prosecutor and cops know the lawyer and know that they are in for a hell of a fight, there may be more likelihood and incentive to cut a deal, clear up some backlog, and get the hell out of there.
For a first offence where nothing and nobody was hit, this is quite possible.
I'm just saying that having more positive factors lined up in one's favour can dramatically increase the chances of success.
It is sad to say that i have seen many who drove over the limit get off or get a lighter sentence because they hired a lawyer who specialized in DUI. The only consolation was that it cost them umpteen thousands and the insurance companies nailed their asses. Most never learned and re-offended.
Of those i know who have been caught, most have claimed it was their "first time" drinking and driving. That means in plain english that it was the "first time" they were caught.
DO NOT PASS GO.........GO DIRECTLY TO JAIL!!!!!!!
Of those i know who have been caught, most have claimed it was their "first time" drinking and driving. That means in plain english that it was the "first time" they were caught.
DO NOT PASS GO.........GO DIRECTLY TO JAIL!!!!!!!
Been there, done that; there are no excuses. It's quite likely you are the criminal under the law that you are charged with being. Even if you get off, you're not just stupid, you're criminally stupid; admit it to yourself and start the hard work of reforming yourself.
The various versions you gave of your story (and there's the first step; stop minimizing your actions) do suggest a lawyer could make a case for leniency, and that the roadside test might have been in error or improperly administered which might even get you off. Certainly if you learned from the arrest and truly sin no more, the full weight of the penalties may have nothing to teach you.
But I said the same thing—that I already had my lesson—but, in fact I hadn't yet. It took me the full term of the suspension to realize that I had more to deal with than just resolving never to drive after drinking, and I rather suspect you might as well.
I won't go on to preach, and I wish you the best of luck. But if you do get off, I hope you make that arrest the luckiest thing that happened to you in life so far. Every day for that year's suspension you escaped, consider just what makes behaviour so bad we call it criminal. And when you realize it has nothing to do with blood alcohol measurement, driving ability or counting drinks, and everything to do with what we owe ourselves and each other, then maybe you'll have earned that 'not guilty'.
The various versions you gave of your story (and there's the first step; stop minimizing your actions) do suggest a lawyer could make a case for leniency, and that the roadside test might have been in error or improperly administered which might even get you off. Certainly if you learned from the arrest and truly sin no more, the full weight of the penalties may have nothing to teach you.
But I said the same thing—that I already had my lesson—but, in fact I hadn't yet. It took me the full term of the suspension to realize that I had more to deal with than just resolving never to drive after drinking, and I rather suspect you might as well.
I won't go on to preach, and I wish you the best of luck. But if you do get off, I hope you make that arrest the luckiest thing that happened to you in life so far. Every day for that year's suspension you escaped, consider just what makes behaviour so bad we call it criminal. And when you realize it has nothing to do with blood alcohol measurement, driving ability or counting drinks, and everything to do with what we owe ourselves and each other, then maybe you'll have earned that 'not guilty'.
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So fess up. Wasn't it actually more than four drinks? Or did you have all four drinks over a short period of time before driving? If you had a drink an hour over a period of 3-4 hours this just doesn't add up. I think you must have had four drinks in an hour or two, or that you drank more than you are saying.luckyseven said:
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enduser1
You know, you have to find your visa bill. Find out how many minutes passed between the time you paid and the time you left, and the time of the second test.
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