“Questions About Charges: Impaired Accident”

Hi everyone, I appreciate all input - I'll try to post this again - something must have happened when I tried to post this before....

Unfortunately I rolled a truck a few days ago.(May 18 ) Fortunately I am o.k. and no one else was involved. Here are my charges:

Impaired Operation / Motor Vehicle (2nd offence)

Fail to provide Blood Sample

Dangerous Operation - Motor Vehicle

Fail to Remain

First let me say that I have always taken drunk driving very seriously and have always been VERY much against anyone getting behind the wheel. I won't go into details about my previous conviction, but I just to let everyone know this is not something I take lightly....both then and now, it is debatable whether or not I was actually impaired.....

Also, the truck ownership is under both my girlfriends name and mine, although she's the primary owner I think - well anyways she was listed on my Notice to Registrar as the owner.

Here are my issues:

1. Even though I was charged with fail to provide, I did agree to a blood sample. They took the sample, and just when I was about to leave with the arresting officer for the police station, he tells me they only took 1 vial of blood and the test requires 2 vials. I spoke with him for a while, because to me, I had fulfilled my obligations under the law: I provided a sample. For that reason I refused to give a second sample. Can an officer keep requesting more samples? Is it likely this charge will hold up in court?

2. The next morning I called the police station to find out where my truck had been towed, since the officer wasn't sure the night before. The officer was away for a few days, but the secretary seemed to think it was strange I wasn't given a Traffic Incident Report. She took my information, put me on hold, and then said she couldn't tell me anything until the officer came back on Friday, when she'd have him call me back. Since then I found out on my own where my truck was on my own. Will I get a traffic report? (the officer called last night, he told me he thought the vehicle had been towed to my residence....)

3. I understand that insurance does not cover damage to vehicles if the driver is impaired. Since I am fairly sure I will be retaining my own lawyer and defending against the impaired operation charge, will I be able to make a claim if I am successful defending this charge? The first court date is June 9. The tow company says I should take the $1500 a scrap dealer is offering me, but shouldn't I wait until I find out whether I'm convicted or not?

4. I can store the vehicle somewhere until then and I know the tow truck driver well, so he said he'd tow it to my place for me. Here's the thing: the police station secretary informed me when I called the next morning that the tow company would neither release my vehicle or even let me get my stuff out of it until a Traffic Incident Report was made. I have gone and cleaned out my stuff since I know the guy....

5. If my girlfriend was listed as the owner on the Notice to Registrar - why was she never contacted? She has yet to be contacted by the police nor the insurance.....

I appreciate any input-Thanks for your time.....

You are dealing with criminal offences under the Criminal Code which is inappropriate for this site. This site is for Provincial Offences - primarily for the Highway Traffic Act.

Contact a lawyer

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HwyBear