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Need a lawyer....

Hi guys, since there are many TA's that seem to know a lot about Ontario law I thought I would ask for advice here.

So last night I was pulled over by the police and they wanted to administer a breathalizer. I royally screwed up and refused to take the test. I got caught up in the situation, got nervous and did not know what to do. I realize now that I definitely should of taken the test as it is very hard to fight a refusal in court. Wanted to know if anyone had any advice or if anybody can reccomend a good lawyer that may be able to help me. Please and Thank you.

P.S Yes, I know I made a huge mistake by saying no when they asked me to take the test, I realize that now but unfortunately I can't go back in time and change the situation, some helpful info would be appreciated

pm sent

What happens when you refuse???

And PM sent as well...

It's always good to shop around...

quote:

Originally posted by VDub What happens when you refuse??? And PM sent as well... It's always good to shop around...

Refusing is a criminal charge, with the same penalties as a DUI.

PM sent...

quote:

Originally posted by VDub What happens when you refuse??? And PM sent as well... It's always good to shop around...

it's a criminal record. hard to dispute too.

where were you pulled over? you know which court will be handling your case?

Thanks guys, your help is very much appreciated. I was pulled over in mississauga and the court that will be handling the case is the Brampton court

So they arrest you right away I assume...

Do they end up testing you anyway??? By blood sample maybe???

quote:

Originally posted by brit_brat Thanks guys, your help is very much appreciated. I was pulled over in mississauga and the court that will be handling the case is the Brampton court

That's my attorney's home court so to speak...

You should call him...

Yes they arrested me right away and towed my car but there were no tests taken. I got a statutory warning and an appearance notice for court.

A family member of mine pulled the same move back in 1995 thinking she was some kind of smooth operator. Needless to say it didn't turn out too well for her career in the public sector.

quote:

Originally posted by VDub That's my attorney's home court so to speak... You should call him...

Thanks VDub, got your PM and I will definitely give him a call

quote:

Originally posted by brit_brat Yes they arrested me right away and towed my car but there were no tests taken. I got a statutory warning and an appearance notice for court.

It seems to me then that you won't get the DUI then since they can't prove you were drinking...

What's worse...

A refusal conviction or a DUI??

quote:

Originally posted by VDub It seems to me then that you won't get the DUI then since they can't prove you were drinking... What's worse... A refusal conviction or a DUI??

As I mentioned, it's a completely seperate chanrge but the penalty is the same. It's against the law to refuse, so if you do refuse they charge you with that knowing you'll get the same punishment. So he isn't fighting a DUI anymore technically, he fighting the refusal charge. Not many reasons to refuse a breathalyzer unless your drunk unfortunately.

And they can't do any tests at the station obviously, becasue you refused to allow any of that.

quote:

Originally posted by VDub It seems to me then that you won't get the DUI then since they can't prove you were drinking... What's worse... A refusal conviction or a DUI??

With the way that DUI laws are tightening down in the province, refusal to blow almost seems as bad if not worse as there's implied guilt. While this flies in the face of fundamental legal ethic in that someone should be innocent until proven guilty, by virtue of being stopped by law enforcement It's assumed there's already suspicion.

quote:

Originally posted by cammaxwell As I mentioned, it's a completely seperate chanrge but the penalty is the same. It's against the law to refuse, so if you do refuse they charge you with that knowing you'll get the same punishment. So he isn't fighting a DUI anymore technically, he fighting the refusal charge. Not many reasons to refuse a breathalyzer unless your drunk unfortunately. And they can't do any tests at the station obviously, becasue you refused to allow any of that.

Yes but my point is that if you're going to be convicted with something, the refusal will not suspend your license or raise your insurance right???

Either way, you'll have a conviction, but ones better then the other...

OR YOU COULD JUST NOT DRINK AND DRIVE!!!

quote:

Originally posted by VDub OR YOU COULD JUST NOT DRINK AND DRIVE!!!

I'm glad someone fucking said it.

quote:

Originally posted by VDub the refusal will not suspend you're license or raise your insurance right??? Either way, you'll have a conviction, but ones better then the other...

While I think it's at the crown's discretion, the aforementioned family member lost her license for two years.. I can't remember the fine amount but it wasn't enough to scare her straight as she still continues to this day.

quote:

Originally posted by VDub Yes but my point is that if you're going to be convicted with something, the refusal will not suspend your license or raise your insurance right??? Either way, you'll have a conviction, but ones better then the other... OR YOU COULD JUST NOT DRINK AND DRIVE!!!

Same punishment, so yes you'll lose your license and all that good stuff. And I'm sure the insurance companies view it the same as a DUI, so I bet the rates will go up.

I see what your saying, as it's not "technically" a DUI. But the Government has but that law in place to stop people from trying to refuse when pulled over. I understand why they would do that, and yeah...people shouldn't drink and drive.

I'm not sure what happened here, but if he only had a couple drinks and was worried about a 3 day suspension or thought he was borderline than this charge is much worse. he should have just taken the test, which he has admitted.

Although, you get a good enough lawyer and who knows what can happen. You have to start thinking a reasonable exucse to refuse the test, and I can't think of one personally.

Did the cop ask "do u want to take a breathalizer?" if so perhaps u could argue that there was an implication that u had a right to refuse based on the question?

If he asked you as opposed to telling u that u had to take it there could be something there for u to work with.

Hopefully u werent drunk tho... cuz thats just stupid and to be honest if you were u deserve whats probably coming to u

quote:

Originally posted by cammaxwell Same punishment, so yes you'll lose your license and all that good stuff. And I'm sure the insurance companies view it the same as a DUI, so I bet the rates will go up.

Oh I see what you mean now...

Well in that case, it's always better to take the test and hope the machine's not working properly...

I had dinner with a friend and had 3 martinis with dinner, this was a approx 10-11:30pm and I got stopped at 1am. I should of just done the test because I was not drunk and at that time I can imagine the test wouldn't read very high. Actually I should of never had those drinks in the first place... I made some really dumb mistakes that have screwed me over. Now I think my only hope is to find a really good lawyer.

quote:

Originally posted by brit_brat I had dinner with a friend and had 3 martinis with dinner, this was a approx 10-11:30pm and I got stopped at 1am. I should of just done the test because I was not drunk and at that time I can imagine the test wouldn't read very high. Actually I should of never had those drinks in the first place... I made some really dumb mistakes that have screwed me over. Now I think my only hope is to find a really good lawyer.

Yeah, you were borderline there for sure. Probably would have got a 3 day suspension (anywhere from .05-.08), but might have blown over if they were strong (as most martinis are).

I assume they also informed you that you were breaking the law by refusing too, and explained what was going to happen right?

quote:

Originally posted by cammaxwell I assume they also informed you that you were breaking the law by refusing too, and explained what was going to happen right?

Good point...

If they didn't you'd most likely be in the clear..

quote:

Originally posted by VDub Oh I see what you mean now... Well in that case, it's always better to take the test and hope the machine's not working properly...

Yeah, and lawyers can do all sorts of crazy tricks with test results in court too. It would have been the best route (besides not driving in the first place obviously).

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