peter330

Hi Guys

I had posted a thread about reopening a traffic conviction but that's the least of my worries at the moment. Thanks for the replies for that one.

I've really done it this time, and I am expecting this to affect my driving record severely. I'm not looking to avoid me being accountable for my actions but would like some advice as to how I could alleviate this as much as possible.

The insurance on the car is in the name of my mom, I am not insured, I do not live at her residence but was given permission to drive the car.

I was driving to a friends house last night when a car that was coming into the oncoming lane from a sidesreet made their turn to wide, hit me and in result had me hit 2 parked cars on the right side of me. However, when the police arrived they could sense me being intoxicated and gave me a breathalyzer in which I failed. They sent me to a police division and I had asked for my right to contact my lawyer. They wanted me to do a breathalyzer in the division and I wanted to speak to my lawyer prior to taking the test. They allowed me to speak to duty council but I was adamant that I would be able to speak to my lawyer at after my talk with them. When I attempted to do so on my cell phone, my phone was forcefully taken away, and claimed I was refusing to take the test. At the end of the day and spending my night in a cell, I came out with an impaired driving charge, and refusal to take a breathalyzer. I have so many questions and will try to single them to a few.

1.) If I am at no fault, will i still be considered at fault because I was impaired?

2.) If I am found at fault and impaired, are the resulting damages (aside from the damage to myself and my vehicle) covered?

3.) What is the likelihood that impaired driving can be reduced? (the officer was hinting at that)

4.) Would I still be charged for refusal to take breathalyzer given the circumstances? and how does this look on your record? If I did proceed with taking the breathalyzer and blew over the limit, what charge would take place of the refusal?

5.) If in the end result, I am convicted of impaired driving, does this ever get erased from your record? is it considered a criminal conviction?

6.) What are my realistic chances of being insured in the future without being raped?

I know these are a lot of questions and a lengthy post. I really do not have any experience with this. I truly feel horrible for my actions and would never drink and drive again, I'm just sincerely looking for any advice/help I can get to cushion this for me.

Thanks in advance, I am desperately seeking you input.

notguilty

Just out of the curiosity....How much did you have to drink? And we wanna know the true amount.

Can't really give you advice on this but if you want PM and I'll give you my lawyers contact. He's in North York.

Subscribed.

peter330

Hey guys, going to revive this thread. I have found a lawyer to fight my charges but here is my question.

To answer the above question, I had a few drinks over a span of a few hours. I could have been a little under .8, a little over .8. Could have gone both ways.

My insurance company has found me at fault despite who initiated the accident because I was charged with impaired driving. However, I am looking to get a motorcycle for the summer, and I know what you're thinking. This kid hasnt learned his lesson. The truth is, I have and would never drive impaired again under any circumstance. My convictions are being fought in trial with a good defence. My question is, if I apply for insurance, I know they will pull an accident report on me and will reflect this accident. However, will they know its for impaired driving? Will these charges/reduced charge show before my conviction? Even if I was charged, how would insurance companies know since its a criminal conviction and not necessarily a traffic conviction? Please any help would be appreciated!

D-BesT

Not much you can do since you got charged with refuse.

Refuse = Same penalty as if you blew over 80. And yes it's a criminal offence. It can limit your ability to go to the states, etc.

If the officer demanded for you to do the test, you have to do it. IF you don't, u'll be done with refuse... plain and simple. Doesn't matter if in reality, ur alcohol level is above or below the limit.

And yes, the accident report will indicate that u were arrested for impaired driving

xcopper2

Actually, that's a great case. The right to counsel of choice has been established for years, and there's absolutely nothing preventing you from calling on a personal phone. Indeed his seizure of the phone can be categorised as mischief, theft, and conceiveably even fall under the assault section. He of course couldn't be expected to know this since he doesn't even know that laying an Impaired charge after administering a raodside screening test completely vitiates the arrest as the arrest grounds for an impaired are completely different from an over 80mgs. Also, since you were not likely behind the wheel when he arrived, he has the ID hurdle as well, not to mention the time of the accident and therefore whether the demand for the samples was as soon as practicable. Hardly a slam-dunk for the coppers here, eh?