DUI Question for the legal ones....

[mailman]

Got stopped and charged with over 80 - had just left local pub and was heading home. Only had 2 beers but quickly downed the last one due to time issues.
Here is the question - got the disclosure from the crown and the officer's notes indicate I was stopped in north Whitby where in reality I was stopped in south Oshawa. The impound forms and the tow bill indicate the true location of the stop. Is the fact that the location of the stop is off by 9kms grounds for dismissal????

 

[Stoo]

I can't offer an opinion about this but I'm amazed that with only two beers you would blow over? Can you expand on this? Time frame? Your size/weight? Were they "beers" or "BEERS"... as in 32 oz mugs?

I used to know a guy who was an OPP breathalyser tech. I was at his house for dinner one night and he kept offering me drinks which led to a discussion about what i could drink and still be "legal". At my size (190#) he said I could have three beers in the first hour, and a beer an hour after that. I was amazed as I would never drink that much and then drive...

If your story is true, then it's really important that folks understand that. I might routinely have a couple of drinks over as many hours, at this time of year before driving. If what you say is accurate, then I'm about to become a teatotaler!

 

[colt]

Is the fact that the location of the stop is off by 9kms grounds for dismissal????

No. You are not going to get a dismissal on that basis alone. Get to a criminal lawyer ASAP. Also, document everything you remember about that night while it is fresh in your mind. If you remember who served you at the pub go there, put your pride aside, and get them to tell you as much as possible about what they remember about how much you had to eat and drink. If you paid by debit or credit card get the statements. In particular, write down everything you remember about when the police advised you of your rights, where you were, and what they did to facilitate you getting advice from a lawyer.

The Courts and the government, rightly so, have drastically narrowed the defences available in impaired driving cases. It kind of sounds like you are suggesting there is a bolus drinking situation in your case -if that is what you are relying on you are going to need a good toxicology report and good evidence ( in addition to your own recollections) to succeed.

Get a lawyer.

 

[TeasePlease]

The error is in the officer's notes and not on the writ, right? If so, there wouldn't be a defect in the charging document. In any case, the 'shwa and Whitby are the say region and with the same police service jurisdiction, I believe.

 

[mailman]

The error is in the officer's notes and not on the writ, right? If so, there wouldn't be a defect in the charging document. In any case, the 'shwa and Whitby are the say region and with the same police service jurisdiction, I believe.

The writ even states that I committed the offence in the City of Whitby.

 

[fuji]

The writ even states that I committed the offence in the City of Whitby.

Discuss it with the lawyer that you retained the first moment you were able to. This isn't a traffic ticket.

 

[pusher69]

DUI is a serious charge and it is not like a traffic ticket.

Next time if you are in a time crunch...just leave the beer...the $6-8 bucks you lose for not finishing it does not justify blowing over.

OP, get a lawyer ASAP either way as your case will go to court. Just croaa your fingers that your insurance company doesn't find out as they will drop you in a heart beat!.

 

[Klute]

Get a lawyer that specializes in these type of cases. I can make a recommendation if you wish. Or risk losing license for a year, hefty fine and hiked insurance premiums.

 

[Keebler Elf]

No. You are not going to get a dismissal on that basis alone. Get to a criminal lawyer ASAP. Also, document everything you remember about that night while it is fresh in your mind. If you remember who served you at the pub go there, put your pride aside, and get them to tell you as much as possible about what they remember about how much you had to eat and drink. If you paid by debit or credit card get the statements. In particular, write down everything you remember about when the police advised you of your rights, where you were, and what they did to facilitate you getting advice from a lawyer.

The Courts and the government, rightly so, have drastically narrowed the defences available in impaired driving cases. It kind of sounds like you are suggesting there is a bolus drinking situation in your case -if that is what you are relying on you are going to need a good toxicology report and good evidence ( in addition to your own recollections) to succeed.

Get a lawyer.

+1

Especially important is if you can get statements/documentation supporting that you ordered your last beer right before leaving.

A few years back the courts tossed out the technicality defense re: minor errors on the reports.

You're going to have an uphill battle so GET A LAWYER (a good one not the rent-a-cops ones; spare no expense).

 

[fuji]

Get a lawyer that specializes in these type of cases. I can make a recommendation if you wish. Or risk losing license for a year, hefty fine and hiked insurance premiums.

Not to mentioned barred from entering the US for ten years and having to say "yes" to "do you have a criminal record" on job applications.

 

[bolt.upright]

I got a "not wearing seatbelt" ticket once. I was driving my Mazda GLC, and the ticket said my car was a Honda Civic. I figured no problem, this one will get dismissed right away. Heck, if the cop couldn't even tell what kind of car I was driving, how could he tell if I was wearing a seatbelt or not?

The judge said he didn't care if I was driving a dumptruck, the officer can see if I'm not wearing my seatbelt, and I had to pay the ticket. I think the fine was reduced a little, but that was it.

 

[oldjones]

The precise location the officer stopped you has nothing to do with the alcohol content of your breath sample. If you could somehow argue the distance between the bar and that point was significant to your defence or to the accuracy of the reading then you'd possibly have a case for dismissal, once you proved where the officer and you really were.

Good luck. But next time don't be so stupid as to down a last beer just before driving. The point is to drink less, not more before you endanger others.

 

[marcus aurellis]

Was in the same boat 10 years ago, was pulled over at random -not speeding, weaving, erratic driving etc- and charged with over .08. No indication at all of impairment. Not sure how many drinks I had, but I'm 220lbs and thought I was OK.

Numerous errors in the disclosure, even got my plate # wrong!!!

Argued it in court (I've got a bit of legal knowledge) and lost miserably!!! Judge didn't care about any errors at all. I was doomed as soon as I set foot in the courtroom.

$600 fine/1000 for ignition interlock/500 drunk school fee (they really want to humiliate you) and the shame of a criminal record.

I know I screwed up but they really make you pay.

Good Luck. but I don't think that small error will help you.

Marcus Aurellis

 

[HEYHEY]

Got stopped and charged with over 80 - had just left local pub and was heading home. Only had 2 beers but quickly downed the last one due to time issues.
Here is the question - got the disclosure from the crown and the officer's notes indicate I was stopped in north Whitby where in reality I was stopped in south Oshawa. The impound forms and the tow bill indicate the true location of the stop. Is the fact that the location of the stop is off by 9kms grounds for dismissal????

If you're stupid enough to drink and drive you won't get any pity from me.
10k+ in lawyer fees and you won't get off the hook for a ridiculous technicality. Funny how everyone tries to however.

Good news is you didnt kill anyone, bad news is this will haunt you for ever. Enjoy the bus. Cheers

 

[rhuarc29]

Was in the same boat 10 years ago, was pulled over at random -not speeding, weaving, erratic driving etc- and charged with over .08. No indication at all of impairment.

I didn't think they could actually pull you over at random. Don't they need justification? Speeding, broken taillights, expired plates, etc. How do you know you weren't weaving?

 

[TeasePlease]

i didn't think they could actually pull you over at random. Don't they need justification? Speeding, broken taillights, expired plates, etc. How do you know you weren't weaving?

lmao.

 

[fuji]

I didn't think they could actually pull you over at random. Don't they need justification? Speeding, broken taillights, expired plates, etc. How do you know you weren't weaving?

Weaving while driving is very dangerous, even worse than knitting.

 

[marcus aurellis]

Weaving while driving is very dangerous, even worse than knitting.

Come to think of it, maybe I was crotchetting!!

Weaving in and out of my lane!!!!

Good on tho...!

 

[buttercup]

Got stopped and charged with over 80 - had just left local pub and was heading home. Only had 2 beers but quickly downed the last one due to time issues.
Here is the question - got the disclosure from the crown and the officer's notes indicate I was stopped in north Whitby where in reality I was stopped in south Oshawa. The impound forms and the tow bill indicate the true location of the stop. Is the fact that the location of the stop is off by 9kms grounds for dismissal????

There is no way you can be "over 80" if you only had 2 beers (unless you mean you had two litres!)

Go to www.rupissed.com. The results are generalized and you are a particular case, but they're not gonna be that far out. Enter the number of drinks you really had.

If you really did only have two bottles of bud, and the police said you blew over 80, you are gonna have to prove that you only had two, and you are gonna have to show how the officers made, or could have made, such a mistake. (You would be the first in Ontario where that's happened.)

If I were you, I would, right now, consult both a DUI-specialist lawyer, and one of the ex-cop type outfits. The ex-cops are very good at getting charges reduced (or even dropped) -- which they do at the pre-trial conference. That is what they do, and they are better at it than lawyers.

If the ex-cops fail, plead guilty and save your money. If you decide to go to trial, you need the specialist lawyer - the one who has been on board right from the start - the one who thinks you have a provable case.

Shop around. Consult more than one ex-cop outfits, and more than one legal firm. In fact, I would choose two lawyers, and keep them both up to speed (independently) on the case as you progress through the pre-trial stuff. All they cost is money - being found guilty at trial costs a lot more.

 

[afterhours]

I would choose two lawyers, and keep them both up to speed (independently) on the case as you progress through the pre-trial stuff. All they cost is money - being found guilty at trial costs a lot more.

The guy has been charged with a criminal offence and hasn't hired one lawyer so far. What do you think are the chances of him hiring two lawyers?
(Let alone that the idea of hiring two separate lawyers is impractical and no one really hires two lawyers, two accountants or two dentists at the same time. Hiring two SPs is the only exception to this rule known to me).