Canada Law
Ask a Canada Law Question, Get an Answer ASAP!
Connect one-on-one with {0} who will answer your question
Answered in 16 minutes by:
1/16/2011
Tom B., Barrister & Solicitor
Category: Canada Law
Satisfied Customers: 2,416
Experience: 25 years in practice
VerifiedTom Bulmer :
This is BC?
JACUSTOMER-4cyjglpc- :
Yes, Vernon
Tom Bulmer :
No point in hiring me at $200 an hour.
Tom Bulmer :
More....
Tom Bulmer :
On your facts, she had care and control of the car. I think daughter is perhaps not being straight forward. How did she blow .011??
JACUSTOMER-4cyjglpc- :
I'm not sure what you mean. She was drinking at a friends house, got into an argument, went into her vehicle and went to sleep. The cop came by, woke her up, did a breathalizer, told her she blew over, her vehicle was impounded and drove her to my place.
Tom Bulmer :
I deal with this every day almost. .011 will not set off any device so I think someone has a tale to tell. But, your rendition sounds more practical. She was drinking and got into a car and fell asleep or more probably passed out. Then, she was awaken by police.
Tom Bulmer :
There are two consequences. One is criminal and one is administrative.
Tom Bulmer :
Apparently, she has not yet been charged with the criminal offense of care and control of a motor vehicle while intoxicated. What has happened so far is that she has an administrative prohabition.
Tom Bulmer :
prohibition
Tom Bulmer :
This is very new law in BC.
Tom Bulmer :
No one has tried to challenge it yet and it would cost a fortune to do so.
JACUSTOMER-4cyjglpc- :
Ok, my mistake. The test is .11 on the form. It is hard to read the cops writing. Does the vehicle stay impounded and could there be charges still coming?
Tom Bulmer :
It is decided law that driving is not a right but a privilege. So, BC had placed serious consequences for violations of drinking and driving (including being behind the wheel) in addition to any criminal consequences.
Tom Bulmer :
Yes, she could be charged with care and control of a motor vehicle while impaired.
Tom Bulmer :
The instant question is whether there is any reasonable course of action to get the car out of impound or to get the suspension lifted. The answer is NO. Not without a huge court case that will cost someone a lot of money and will probably fail.
Tom Bulmer :
A province has the right to deny anyone a driver's license at any time for almost any reason. That is for sure. Whether they can impound property is an interesting legal question but their response is that they are taking away the object of the offence which is the car.
Tom Bulmer :
If your daughter has not already been charged criminally, I would be surprised. I need to know how she was forced to blow. A police officer had to make a formal demand.
Tom Bulmer :
That is the best I can do on your facts. Please accept my answer for my time.
Tom Bulmer :
I am here for any future question with more information.
Tom Bulmer :
Tom
JACUSTOMER-4cyjglpc- :
Thank you for your help, I appreciate it.
Tom B., Barrister & Solicitor
Category: Canada Law
Satisfied Customers: 2,416
Experience: 25 years in practice
VerifiedTom B. and 87 other Canada Law Specialists are ready to help you
How JustAnswer works
Describe your issueThe assistant will guide you
Chat 1:1 with a lawyerLicensed Experts are available 24/7
100% satisfaction guaranteeGet all the answers you need
Related Canada Law Questions
Vehicle was impounded for driving while unauthorized. Court
Vehicle was impounded for driving while unauthorized. Court had withdrawn charges. Can I get impound fees back? … read more
ToLawyer
Lawyer
J.D.
3,082 satisfied customers
My vehicle was impounded from my private drive way in a town
My vehicle was impounded from my private drive way in a town home complex by the police. No one was caught in the vehicle driving it. The police suspected my vehicle was being driven days prior by my … read more
BrandonS216
Barrister and Solicitor, Notary Public
Juris Doctor
73 satisfied customers
I got a 90 day irp will I be required to have a blow box
I got a 90 day irp will I be required to have a blow box installed my vehicle and will the superintendent of motor vehicles extend my prohibition once my 90 days is over … read more
Debra
Lawyer
Doctoral Degree
95,455 satisfied customers
I was pulled over for speeding 10 km over the speed limit
I was pulled over for speeding 10 km over the speed limit and was arrested then administered a 90 day impound and suspension of my drivers license with no previous record. What can I do? … read more
Debra
Lawyer
Doctoral Degree
95,455 satisfied customers
My car got impounded last night for 30 days and I got 90
Hi there, my car got impounded last night for 30 days and I got 90 days restriction on driving for not being able to blow in the breath analyzer test, what is the best way to fight it and how can I ge… read more
Copperlaw
Barrister and Solicitor
Law Degree
2,044 satisfied customers
Yesterday i got impounded for 30 days and prohibiting for 90
Hi yesterday i got impounded for 30 days and prohibiting for 90 days due to drink and drive … read more
Copperlaw
Barrister and Solicitor
Law Degree
2,044 satisfied customers
On wednesdy i was pulled over for speeding and i also had
on wednesdy i was pulled over for speeding and i also had few beers. my car is now impounded and i wanted to know the fastest way to get this behind me … read more
Copperlaw
Barrister and Solicitor
Law Degree
2,044 satisfied customers
I had gotten an excessive speeding ticket last year and my
Hi there I had gotten an excessive speeding ticket last year and my court date is coming up. I have a few questions … read more
James Macdonnell
Senior Litigation Counsel
Post-Doctoral Degree
374 satisfied customers
My truck got impounded I was driving without proper
My truck got impounded I was driving without proper insurance The officer when asked why i was pulled over said my facial expression was to relaxed so i must be drinking proceeded to give me a breatha… read more
Daniel Freudman
Lawyer
3,178 satisfied customers
My rental was impounded 3 hours away from home, on my way
My rental was impounded 3 hours away from home, on my way back from a trip. I had been driving for 7 hours before the incident and decided to let my passenger drive as I was falling asleep at the whee… read more
James Macdonnell
Senior Litigation Counsel
Post-Doctoral Degree
374 satisfied customers
I had a glass of wine in a pub a few blocks from my home in
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… read more
Ulysses101
Litigator, Barrister and Solicitor
LLB
4,980 satisfied customers
Tom, My 22 year old son is on vacation in BC and just got
HI Tom, My 22 year old son is on vacation in BC and just got a DUI charge in Fernie BC yesterday, 90 day license suspension and 30 impound of a rental car. His first offense, has an excellent driving … read more
Copperlaw
Barrister and Solicitor
Law Degree
2,044 satisfied customers
I failed a breathalizer got 90 day suspension (noticeof driving
I failed a breathalizer got 90 day suspension (noticeof driving prohibition) but not charged with impaired driving truck was towed and impounded for thirty days.i am wondering if I will be charged lat… read more
Daniel Freudman
Lawyer
3,178 satisfied customers
Hi. I went to a 10 ur grad reunion last night and I made the
Hi. I went to a 10 ur grad reunion last night and I made the mistake on thinking it was okay to drive the couple blocks home. Big mistake and really stupid I know but my bf was trying to drive himself… read more
Debra
Lawyer
Doctoral Degree
95,455 satisfied customers
Hello, My wife recently received an Immediate Roadside Prohibition
Hello, My wife recently received an Immediate Roadside Prohibition for alleged drinking and driving. Apparently someone reported the license plate number of her car and police were waiting for her whe… read more
Tom B.
Barrister & Solicitor
LLB Bachelor of Laws
2,416 satisfied customers
I was given a 90 day driving suspension in B.C. for impaired
I was given a 90 day driving suspension in B.C. for impaired driving. I blew a FAIL reading twice on a hand held screening device. I challenged this suspension with the superintendent of motor vehicle… read more
Daniel Freudman
Lawyer
3,178 satisfied customers
My Name isXXXXX live in quebec city. I got charged
My Name isXXXXX live in quebec city. I got charged with driving under the influence. I will briefly explain what happened to me. I went to a bar here in quebec city alone. I ended up getting extremely… read more
Tom B.
Barrister & Solicitor
LLB Bachelor of Laws
2,416 satisfied customers
what are my chances of beating a dui charge the car was parked
what are my chances of beating a dui charge the car was parked in a yard and i did not have the keys my blood achool level was 100… read more
D.A.M.
Principal Attorney
Doctoral Degree
2,755 satisfied customers
Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.
JustAnswer in the News:
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
What Customers are Saying:
Your Expert confirmed everything that I had been told, and didn't want to believe. Thank you for putting my mind at rest.
Canada
This has been very helpful. I'm glad to see that lawyers and sites like this exist. Thanks for your help.
Halifax, NS
Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!
Edmond, OK
My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.
Redwood City, CA
I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.
Wichita, KS
PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.
Houston, TX
Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!
Atlanta, GA
< Previous | Next >
Meet the Experts:
LawyerProfessor
Lawyer
838 satisfied customers
Experienced Litigation Lawyer in Ontario since 1999 and NY since 1997
Debra
Lawyer
95,455 satisfied customers
Lawyer
Daniel Freudman
Lawyer
3,178 satisfied customers
Lawyer
ToLawyer
Lawyer
3,082 satisfied customers
Lawyer
JJL11
Lawyer
1,432 satisfied customers
Licensed to Practice law in Ontario for over 25 years.
Jeremie John Martin
Lawyer
1,300 satisfied customers
I'm a bilingual attorney for the province of Quebec who goes to Court often for many clients.
Counsel Creed
Lawyer
859 satisfied customers
associate at GTA law firm
< Previous | Next >
Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.
