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Tom B.
Tom B., Barrister & Solicitor
Category: Canada Law
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Experience:  25 years in practice
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I had a glass of wine in a pub a few blocks from my home in

Customer Question

I had a glass of wine in a pub a few blocks from my home in New Westminster and was driving home. A police officer stopped me, said he could smell alcohol on my breath and gave me a breathalyzer which I failed. He waited 10 minutes, gave me another which I again failed. I am a small woman and I believe that the alcohol hadn't had a chance to go through my system. The officer even said that I didn't appear drunk. I would like to appeal this decision and wonder if it's advisable to get an attorney or if I even have a chance of having this dismissed?
Submitted: 1 month ago.
Category: Canada Law
Expert:  Ulysses101 replied 1 month ago.

Hello, thank you for the question.

What have you been charged with? What's your court date?

When did this happen?

Did the police take you to the station for a proper breath test? What was the bac reading?

Customer: replied 1 month ago.
I have a notice of driving prohibition for 90 days and my vehicle has been impounded (1 block from my house) for 30 days.
In B.C. There is no court date and I guess I was automatically found guilty.
I was not taken to the station and I believe the bac reading was 1.0.
It was given about 5min. after my one drink as he had been way by the pub. He also told me that I did not appear drunk after I got out of the vehicle to take the breathalyzer test.
This happened last night.
Customer: replied 1 month ago.
I should add that I am 5'2" and weigh 120 lbs.
Customer: replied 1 month ago.
I was given a second breathalyzer after 10 minutes.
Expert:  Ulysses101 replied 1 month ago.

You haven't been found automatically guilty. The driving prohibition is mandatory upon being charged. Which tells me that you've been charged.

Check your paperwork carefully please and get back to me.

Customer: replied 1 month ago.
Are you in Canada or the USA because I believe the laws are different. This is a ticket under the motor vehicles act in BC Canada.
Notice of driving prohibition section 215.47
There is also a separate notice of impoundment for my vehicle.
There are instructions at the bottom of the prohibition notice that state I may apply for a review with the superintendent of motor vehicles under section 215.48 of the MVA and an oral hearing is available
Customer: replied 1 month ago.
It also states that I can have a lawyer present
Customer: replied 1 month ago.
Hi Ulysses,
Are you still there and getting some information for me?
Thanks
Ann
Customer: replied 1 month ago.
I'm wondering if I am going to get a response today otherwise I would like a refund and I'll call a lawyer in the morning
Expert:  Ulysses101 replied 1 month ago.

I'm here, Ann. I was out trying to serve some documents for a client.

I've done a bit of research, and haven't found out much.

I'm an Ontario lawyer and haven't come across this situation. It strikes me as very odd that you had an impounding and mandatory license suspension without being charged, I think you should check the paperwork again.

Having said that, I have no experience under BC's Motor Vehicle Act in seeking a review of the suspension. I think it's best if I opt out as your expert. There are one or two experts here who are from BC, if one is on the site tonight I'm sure that they'll pick up the thread.

If you don't get any results then you're free to contact the site and ask for a refund of your deposit. Don't forget about it.

Good luck

Ulysses

Customer: replied 1 month ago.
Thanks. I think BC's drinking and driving laws are the most stringent in all of Canada. A friend has given me the name of a lawyer close to my home so I shall call him tomorrow and get my money back from this site. I hope it's easy enough to do.
Regards
Anna

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