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CriminalLawyerTO, Criminal Defence Lawyer
Category: Canada Criminal Law
Satisfied Customers: 1329
Experience:  After articling at a boutique criminal defence law firm, I started my own law practice, focused on criminal defence.
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I got caught by the RCMP with over the legal alcohol limit

Customer Question

I got caught by the RCMP with over the legal alcohol limit in my breath. That is my first offense. I have not been brought to the police station for the two hours limit for retest. No one got injure and I have been told my licences would be send back to Quebec. I have not been offer any services in French even if it was obvious that I was francophone. So basically not sure I understood everything correctly.
Will I go into court autmatically or the RCMP can decide I will not have any criminal charges and therefore no criminal records.
Submitted: 1 year ago.
Category: Canada Criminal Law
Expert:  CriminalLawyerTO replied 1 year ago.

Just to clarify, your license was not suspended and you were not given any tickets or other notices to appear in court?

Did you provide any breath samples at the police station or elsewhere?

Customer: replied 1 year ago.
My license was suspended and I have to pay a fee of 500$ but not be given any notice to appear in court. Breath samples were provide on the side of the road and not in a police station.
Expert:  CriminalLawyerTO replied 1 year ago.

By the sounds of it you were over the provincial limit but under the .08 criminal limit. For this reason, you were not charged with any criminal offence but still faced the provincial penal sanctions. If such was the case, then the police would not return to charge you criminally, and thus you would not get a criminal record for this.

Customer: replied 1 year ago.
The test said failed. So I guess I was over.
Expert:  CriminalLawyerTO replied 1 year ago.

If you failed then they would have brought you back to the police station for a full on breathalyzer test. The fact they did not suggests perhaps the test was in the WARN range (i.e. 0.05 - 0.08) and thus you only got charged with the provincial fines/tickets rather than criminal charges.

Customer: replied 1 year ago.
They gave me a driving prohibition of 90 days and impound my friend's vehicle for 30 days. We are trying to get a review on the impound. Test said failed when was taken at the gas station and the second one said failed again abut they did not take me to the police station. The ICBC does not specify anything regarding criminal charges it just says "see report".
Expert:  CriminalLawyerTO replied 1 year ago.

Then it doesn't sound like any criminal charges were laid, because if they were you would have a court date and receive disclosure of the Crown's evidence against you for the criminal case. As such, it sounds like you were simply charged under the (non-criminal) provincial legislation. Hopefully that answers your question.

Expert:  CriminalLawyerTO replied 1 year ago.

Hopefully my answer was of assistance. Would you kindly provide me with a positive rating, thank you very much.

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