OHTA.ca

Last night I got pulled over after making a left turn at a 4 way stop. The officer told me my stop wasn't convincing. I came to a complete stop for a second and there was no traffic at all.

Then, the officer said he smelt alcohol and I told him I was driving two of my friends home who were drunk. He then asked me if I had anything to drink and I told him I had a pint. He asked me to take the Breathalyzer and I blew an alert.

I received a 3 day suspension and a 30 day suspension when convicted and also two tickets for disobey Stop Sign and novice driver BAC Above Zero with both fines for 110$.

Any advice on how to deal with this? I feel I can fight the disobey Stop Sign ticket but not the BAC Above Zero since they have evidence already. What would be the best thing to do? And would I have to pay two reinstatement fees for the 3 and 30 day suspensions?

Is it worth contesting the disobey Stop Sign charge since I got novice driver BAC Above Zero at the same time? Cop could just say I had drank alcohol.

It would be in your interest to contest ALL of the charges so that you have a better chance of getting a good plea bargain. If you are a novice your best chance for a decent outcome is to hire a professional to defend you.

is driving with a BAC over 0 considered DUI ?

He blew a warn and got a 3 day suspension. Because of his age and licence class he got a ticket for having any alcohol in his system at all.

The 3 day suspension is just an administrative penalty that doesn't result in convictions on your record but is considered a sanction. It is visible on your abstract as a suspension but as it is not related to a conviction it cannot be used by insurance as a factor in determining your rates.

A conviction for a being a novice blowing above 0 carries a fine, demerit points, a 30 day suspension and is a factor used to determine insurance rates.

ynotp wrote:He blew a warn and got a 3 day suspension. Because of his age and licence class he got a ticket for having any alcohol in his system at all.

Are you saying that a full G driver with multiple years of driving experience can blow an orange and not get suspended?

Observer135 wrote:

ynotp wrote:He blew a warn and got a 3 day suspension. Because of his age and licence class he got a ticket for having any alcohol in his system at all.

Are you saying that a full G driver with multiple years of driving experience can blow an orange and not get suspended?

No, I am saying that anyone including a full licensed driver who blows his first warn will get a 3 day administrative suspension (subsequent warns will get you longer suspensions and other measures kick in).

As of today the BAC limit in Ontario is .05 for everyone and .00 for any novice drivers. At .05 you are sanctioned but not charged unless you blow above a .08.

ynotp wrote:

Observer135 wrote:

ynotp wrote:He blew a warn and got a 3 day suspension. Because of his age and licence class he got a ticket for having any alcohol in his system at all.

Are you saying that a full G driver with multiple years of driving experience can blow an orange and not get suspended?

No, I am saying that anyone including a full licensed driver who blows his first warn will get a 3 day administrative suspension (subsequent warns will get you longer suspensions and other measures kick in).

As of today the BAC limit in Ontario is .05 for everyone and .00 for any novice drivers. At .05 you are sanctioned but not charged unless you blow above a .08.

Thank you for explaining that, I thought that was the case, but I got confused by your earlier post, because you mentioned "novice driver"