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).
I assume they also informed you that you were breaking the law by refusing too, and explained what was going to happen right?
I was wondering the same thing....
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Jun-22-2010 21:14
geroin
Supreme tranceaddict
Registered: Nov 2003
Location:
quote:
Originally posted by VDub
Good point...
If they didn't you'd most likely be in the clear..
you would have to wait to receive disclosure before you can see if he did or didn't, it will be in his notes..
also every single lawyer will tell you that they can do it, make sure you go to the one that is recommended by a person who was in a similar situation and that lawyer helped him/her, it also helps if that lawyer frequently has dealings with that particular court meaning that he may know most of the prosecutors well..
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I heard you have the right to refuse one because you cant be forced to submit evidence to the court.
My friends dads was once a big time establish lawyer in canada until he passed away 5 years ago and said something along those lines. I could be wrong or have heard wrong but i guess it depends on how the question was asked about the test.
Jun-22-2010 21:54
VDub
Scoundrel
Registered: Feb 2008
Location: Toronto
Maybe Lisa can clarify...
If she's sobered up from her bday weekend that is...
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Jun-23-2010 00:15
E2EK1EL
Supreme tranceaddict
Registered: Nov 2001
Location: Toronto, Ontario
best of luck w/ the case dude.
Jun-23-2010 00:32
TrAnCeiN4LiFe
Supreme tranceaddict
Registered: Jul 2003
Location: Tri City Trailer Park
sadly speaking from experience even with a lawyer you will still plead guilty to certain degree.
there is no way fully out of it, just like there is no reason to drive 50+km/h over lol , there is no reason for refusal.
the dues and punishment will certainly be less if you go with a lawyer as lawyers actually work for city believe it or not.
plus the cop does not have to show up to court even if you request it all he needs to do is submit his notes.
htm i got pulled over onces for headlights, and cop asked have you had a drink i said sure i had two beers couple hours ago never had to take a breath-lizer how ever i did have to tow my car back home.
the way i see it... be nice to cops and it'll turn out alright as they have to deal with ppl like you a lot more then with ppl like me so they are more likely to go easier on you.
just my $0.02
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Jun-23-2010 00:33
iant56
One in, one out
Registered: Nov 2007
Location: Toronto
Note to drinkers: Never drink and drive - it's not worth it.
Second note to drinkers: It's always easier to defend a "refusal" charge than it is to defend an "over 80" charge.
Edit: Fuck...this was Lisa
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Jun-23-2010 02:33
iant56
One in, one out
Registered: Nov 2007
Location: Toronto
quote:
Originally posted by TrAnCeiN4LiFe
sadly speaking from experience even with a lawyer you will still plead guilty to certain degree.
there are some insanely corrupt lawyers around. do not trust them if something feels off or they aren't 100% open about exactly what they are doing for your case.