Hello everyone, Recently three friends and I were coming back from a house party in which the driver had about 3 beers in about 2.5 hours. We were stopped by an officer and the driver agreed to take a breathalyser test. The driver has his full G class license and is 21 years old although he was born in 1990 and therefore will be turning 22 pretty soon. Unfortunately the reading gave him a "warn" which to my research qualifies you somewhere between .05-.08 (below the legal limit). The officers understanding of the law was that it was under 21 and not 21 and under so the driver was not given a charge for "Young driver with BAC over zero" however was still given a warn fine. The three days came up and he renewed his license and received his temporary one when he went into the license bureau and paid the fine. From speaking to others our age who have been charged under the young drivers act you are suppose to be given the white ticket fine in which you plead guilty to and pay or fight in court. In the event of paying (pleading guilty) you are then handed out an additional 30 day suspension. Now my question is, since he was not given the charge and never pleaded guilty to anything does that mean he got off lucky or will something further happen? I know that the 30 day suspension cannot be given without conviction and I am aware that the "warn" is not a ticket but a fine under the ADLS, will someone at the bureau pick up on this and send him a charge in the mail or just carry out the 30 day suspension regardless? It's very unfortunate to happen to my friend, he has always been the most responsible in our group of friends and this was really the first time he ever had that much and driven, we are all concerned and would be very appreciative of any advice that can be given concerning the future of his license and possible suspension. Thanks very much, 12345 and friends.
Hello everyone,
Recently three friends and I were coming back from a house party in which the driver had about 3 beers in about 2.5 hours. We were stopped by an officer and the driver agreed to take a breathalyser test. The driver has his full G class license and is 21 years old although he was born in 1990 and therefore will be turning 22 pretty soon. Unfortunately the reading gave him a "warn" which to my research qualifies you somewhere between .05-.08 (below the legal limit).
The officers understanding of the law was that it was under 21 and not 21 and under so the driver was not given a charge for "Young driver with BAC over zero" however was still given a warn fine. The three days came up and he renewed his license and received his temporary one when he went into the license bureau and paid the fine. From speaking to others our age who have been charged under the young drivers act you are suppose to be given the white ticket fine in which you plead guilty to and pay or fight in court. In the event of paying (pleading guilty) you are then handed out an additional 30 day suspension.
Now my question is, since he was not given the charge and never pleaded guilty to anything does that mean he got off lucky or will something further happen? I know that the 30 day suspension cannot be given without conviction and I am aware that the "warn" is not a ticket but a fine under the ADLS, will someone at the bureau pick up on this and send him a charge in the mail or just carry out the 30 day suspension regardless?
It's very unfortunate to happen to my friend, he has always been the most responsible in our group of friends and this was really the first time he ever had that much and driven, we are all concerned and would be very appreciative of any advice that can be given concerning the future of his license and possible suspension.
If your friend wasn't charged by the officer at the time of the incident, it's very unlikely anything further will come of it. Technically the police have up to six months from the date of the offence to proceed with a charge, but I don't see why they would at this point. Quite likely the officer was simply unaware of the new law or cut your friend a break. My only question is in regards to the fine. Are you talking about the $150 reinstatement fee? Or an actual fine? The only reason I ask is that an actual fine would indicate there was some type of charge laid as well. As you said there's no additional suspension without an actual charge. Oh, and FYI a roadside screening device will register a warn with a BAC between 0.05 and 0.099, so technically you can be over the legal limit and still register a warn.
If your friend wasn't charged by the officer at the time of the incident, it's very unlikely anything further will come of it. Technically the police have up to six months from the date of the offence to proceed with a charge, but I don't see why they would at this point. Quite likely the officer was simply unaware of the new law or cut your friend a break. My only question is in regards to the fine. Are you talking about the $150 reinstatement fee? Or an actual fine? The only reason I ask is that an actual fine would indicate there was some type of charge laid as well. As you said there's no additional suspension without an actual charge.
Oh, and FYI a roadside screening device will register a warn with a BAC between 0.05 and 0.099, so technically you can be over the legal limit and still register a warn.
Hi Stanton, thanks for the reply, The sheet received was a pink "Notice of suspension" slip in which the 150 dollar fee was the reinstatement fee for first time warn offence. The sheet quotes exactly this "This is a notice of suspension. This form is not used to lay a charge. You cannot get any information regarding this suspension notice or your driver's license suspension from a court office." We are praying that it was just either overlooked or given leniency as we were not aware that it was 21 and under too and had no idea of the harsh consequences, it was a terrifying wake up call for all of us as drivers. Thanks for the heads up on the .05 to .099 reading, we know there was no way he was over the legal limit and understand that is still no excuse. Zero tolerance, we have learned. Would appreciate any more advice especially from those in the law enforcement community. Thanks so much, 12345 and friends.
Stanton wrote:
If your friend wasn't charged by the officer at the time of the incident, it's very unlikely anything further will come of it. Technically the police have up to six months from the date of the offence to proceed with a charge, but I don't see why they would at this point. Quite likely the officer was simply unaware of the new law or cut your friend a break. My only question is in regards to the fine. Are you talking about the $150 reinstatement fee? Or an actual fine? The only reason I ask is that an actual fine would indicate there was some type of charge laid as well. As you said there's no additional suspension without an actual charge.
Oh, and FYI a roadside screening device will register a warn with a BAC between 0.05 and 0.099, so technically you can be over the legal limit and still register a warn.
Hi Stanton, thanks for the reply,
The sheet received was a pink "Notice of suspension" slip in which the 150 dollar fee was the reinstatement fee for first time warn offence. The sheet quotes exactly this "This is a notice of suspension. This form is not used to lay a charge. You cannot get any information regarding this suspension notice or your driver's license suspension from a court office." We are praying that it was just either overlooked or given leniency as we were not aware that it was 21 and under too and had no idea of the harsh consequences, it was a terrifying wake up call for all of us as drivers. Thanks for the heads up on the .05 to .099 reading, we know there was no way he was over the legal limit and understand that is still no excuse. Zero tolerance, we have learned.
Would appreciate any more advice especially from those in the law enforcement community.
Am really confused about this one, this morning i got a reduced speeding ticket (80km speed in 60 zone), and in the ticket the cop wrote 10km over the speeding limit.. and it has the 'R' code in it.. and the cop said i need to pay this and it doesn't have any points on it..
im fine with paying the ticket which is only 40 dollars but my biggest concern, will it show in my record ? or only tickets…
I got a ticket for driving with handheld device in Oct 2015 and I had requested for a trial. Yesterday I received the notice of trial (notice is dated 26-Jan-2017, court of trial is Newmarket, ON) and trial date is Mar 8, 2017. Today, I have sent in a registered request for disclosure (i.e on 29-Jan-2017).
Need some help here for the 1st time speeding ticket?
Sunday morning 12:10am when I was going home from work I was doing bit speeding on Gardiner. I was going with about 130km/h. I know its fast. I always take the same way and I know where the cops hide. They always hide entrance of the highways. If I will do speeding I always look my back and did look this time too. I took gardiner…
I just have a question in regards to the summons Under Part 1 I received for an rear end accident:
I was driving on the 2 lane road, and the car in front of me suddenly stopped, I had seen the car, and so I started to brake, however I heard noise from the back and looked int o the rear view mirror and saw a huge "truck" so I decided to go right, took the feet out of brakes but couldnt…
I have searched and I know the general rule is no, barring criminal charges or tresspassing. So let me use 2 specific issues I have.
1) I have some business in some area malls after hours. Once I have pulled into the mall lot on the way to the closest door I rarely stop at stop signs unless there is a car or person nearby. (i do not carelessly speed, i do show caution, just do not fully stop) Can…
In June at 401 London and Wellington I got hit twice, speeding which I didn't realize I was doing and cell phone. The Officer made me open my purse and show him my phone. I was going to meet a Rep of my Company in Kitchener, he called I answered. WRONG! The Officer wasn't even nice. My record was clean and he slapped me twice. I sat in the car and sobbed for 20 minutes as I was scared out of…
I wanted to "reply" elsewhere...but the more appropriate areas were "locked" to replies....so, here are a couple of questions...from a newbie to this site:
1. Who ARE you? (I'm a little edgy about conversing on a forum whose ownership is not stated anywhere on an "About" page") No offense intended whatsoever. Just like to know who I'm talking with/in front of.......your honor!
You are coming off of a highway exit and there are 3 lanes: right hand lane for right hand turn; middle lane for left AND right turn (but no straight thru since it is only a three-way intersection); and left lane for left hand turn. You are first in the middle lane, signalling to make a right.
CAN YOU make a right hand turn from the middle lane on a red if the traffic is clear?
Hey everyone first off I'd like to say great website, I have been reading and it is very useful
I'm posting today as I'd like to get some feedback on my situation and have a couple of questions. Please excuse the vagueness in some areas - I don't want my case to be identifiable given the small town.
So I was driving up north and was pulled over by an OPP SUV for doing 31 over. Cop drove past me,…
Hello! I'm under 16 currently and really want to drive. I know that section 37(1) says you have to be 16, but I've read that the HTA does not apply when you are in private property, so does that mean I can drive in a parking lot if I wanted to?
I was heading northbound on my bike downtown on friday. After the east/westbound lights went red and after a long pause I decided to get a head start and proceed before the light changed to green. About a block north of me an officer stepped out of an unmarked cruiser and pulled me over and gave me a $180 ticket. Now I see on this site that I should have been given points for it..but…
Got a ticket Saturday for insecure load. The officer was a real jerk and unfair. I had nothing hanging out the sides and the load wasn't that high. Just taking some junk to the dump. I was doing 40 on Ashley St in Foxboro, 4 ways on taking my time and nothing was going to fall out. I'm thinking about fighting it. Anyone experienced this before?
So I got convicted of a dui.. I have been riding my bike in the snow and taking the bus. I am a driving enthusiast and I will be going to the race track all summer but I NEED to drive something right now!
I have done lots of research and even an electric assisted bike that a 16 year old can drive legally on the road is not an option to someone with a dui suspension.
Hey this is my first ticket so as much information that people can provide will be appreciated. I was making the drive home going around 90kph(in a 80) behind what I knew was an undercover police car. The cop abruptly pulled to the side and pulled back in behind me to pull me over. Now I reduced my speed to below 80 when the cop pulled to the side but he claimed he had me clocked at 109kph and…
So I was heading home to today and I was in the left lane of the off ramp, some lady cut across her lane of traffic and across the off ramp median and hit the back side of my car! After a few meters of bumping (I was dazed and confused) I stopped the car.
I call 911 and was told to move the car to the shoulder.
Cop comes, interviews both of us, and lets the lady go! The cop proceeds to give…
An undercover cop, well not sure if he was even a cop to be honest, maybe a constable pulled me over after I passed him shortly after a construction zone. He asked me if I was in a rush and said that he was going 105 and I was going 120. It seems mostly from our conversation that he was pissed off that I passed him, because he never told me that I was speeding. None the less the ticket says…
I got this ticket last year in toronto and received court date recently.
Basically I parket on a street where there are marked spots for car parking but they were all faded with only the white edges showing. I assumed I was in the correct spot when I got out. I never noticed the fire hydrant in the bushes.
When I returned I saw the ticket and then noticed the fire hydrant and when I to the…
I would like to know if anybody could tell me what "V" stands for on the Code section of the Form 4. I think that it will be useful to understand what information is on this form in order to make a decision on what option we should chose.
I recently received a ticket for red light fail to stop under section 144 (18) of the Highway Traffic Act at the intersection of Dupont St. and Dufferin St. in Toronto with a set fine of $150 and total payable of $190. I think I entered the intersection on a yellow, however that is not the way the officer saw it. During the traffic stop the officer was polite bordering on friendly…
Got my first ticket last Thursday and I have a couple of questions. I was driving westbound on Moore St. (west of Bayview) and made a left onto a residential street at a 4-way stop sign. It was my first time driving through that area - was driving my girlfriend to a wisdom tooth surgery.
The police were set up to catch people, as that intersection had a no left turn sign from 7-9 am (buses…
