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A question for attorneys, or anyone with a basic knowledge in law.

HEWSINATOR

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Originally Posted by javyn
Refuse to blow next time. Your license will be suspended for 3 months and the cop will probably kick your ass, but they won't have evidence to prosecute.

***What follows is not legal advice or advice of any sort, and should not be relied on for any reason.***

This would seem to be bad advice in my jurisdiction.

s. 254(5) of the Criminal Code: Everyone commits an offence who, without reasonable excuse, fails or refuses to comply with a demand made under this section.

Punishment

255. (1) Every one who commits an offence under section 253 or 254 is guilty of an indictable offence or an offence punishable on summary conviction and is liable,

(a) whether the offence is prosecuted by indictment or punishable on summary conviction, to the following minimum punishment, namely,

(i) for a first offence, to a fine of not less than $1,000,

(ii) for a second offence, to imprisonment for not less than 30 days, and

(iii) for each subsequent offence, to imprisonment for not less than 120 days;

(b) where the offence is prosecuted by indictment, to imprisonment for a term not exceeding five years; and

(c) if the offence is punishable on summary conviction, to imprisonment for a term of not more than 18 months.

***The above is not legal advice and should not be relied on for any reason, and accuracy should not be assumed.***
 

z7f9q

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Yeah, refusing the breathalyzer is a big mistake in Canada.
 

javyn

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Hey, seems like good advice to me. At least that's what it said on askjeeves. He's my butler, and my lawyer.
 

FLMountainMan

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Originally Posted by HEWSINATOR
***What follows is not legal advice or advice of any sort, and should not be relied on for any reason.***

This would seem to be bad advice in my jurisdiction.

s. 254(5) of the Criminal Code: Everyone commits an offence who, without reasonable excuse, fails or refuses to comply with a demand made under this section.

Punishment

255. (1) Every one who commits an offence under section 253 or 254 is guilty of an indictable offence or an offence punishable on summary conviction and is liable,

(a) whether the offence is prosecuted by indictment or punishable on summary conviction, to the following minimum punishment, namely,

(i) for a first offence, to a fine of not less than $1,000,

***The above is not legal advice and should not be relied on for any reason, and accuracy should not be assumed.***


I'd definitely refuse my first time. This is likely much cheaper than what you will eventually pay.

By the way, you guys aren't a colony anymore. Why the "c" instead of the "s"?
 

z7f9q

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Originally Posted by FLMountainMan
I'd definitely refuse my first time. This is likely much cheaper than what you will eventually pay.

By the way, you guys aren't a colony anymore. Why the "c" instead of the "s"?


That's just a minimum fine.

As far as the spelling goes, offence just looks right. Spell-check is slowly killing it though.
 

imschatz

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Not saying it's a good idea .. But I had my name mis-spelt on a petty speeding ticket. Showed up on the date I was supposed to be in traffic court, and had judge threw it out.
 

Ahab

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Originally Posted by odoreater
Yeah, like I said, different jurisdictions do things differently. I wish people in NJ knew that it's a bad idea to refuse. I have had so many cases where I have to
facepalm.gif
because the client refused and then they are stuck with both a refusal charge and a DWI charge, and when the police have a video of you performing the psychophysical tests on the roadside and you are stumbling all over the place, they can very easily get a conviction for DWI.

In NJ are the roadside tests mandatory? In Virginia you can refuse and it is always in your best interest to refuse. You will prob get thrown in jail for the night and have your car towed but it saves a lot on the back end. You do have to blow at the police station.
 

DNW

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Originally Posted by Ahab
You do have to blow at the police station.

Remind me not to get busted for DUI in VA.
uhoh.gif
 

suited

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Originally Posted by javyn
Refuse to blow next time. Your license will be suspended for 3 months and the cop will probably kick your ass, but they won't have evidence to prosecute.
I've known 5 people that have gotten DUIs...2 of them refused and they got it much worse than the 3 who took the test and failed. It might vary by state but when my one friend refused, he lost his license for 1 year and got 2 years probation, plus a fine. That's worse than what 99% of people will get for a failed sobriety test and DUI conviction.
 

HEWSINATOR

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Originally Posted by FLMountainMan
I'd definitely refuse my first time. This is likely much cheaper than what you will eventually pay.

By the way, you guys aren't a colony anymore. Why the "c" instead of the "s"?


***Not legal advice and not to be relied on:

Why? As pointed out, that is the minimum fine./penalty (would seem you can still go to jail, though I would think this happens about as rarely as jail for a first impaired. I guess it may not be clear from the posted section, but that penalty section applies to impaired and over 80 too, so exact same penalty for refusal and blowing over (as per statute)
 

x26

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Originally Posted by MetroStyles
I've never been caught DUI but out of curiosity, what are the costs of a DUI in the long run? Much more expensive auto insurance? Anything else?

* $3,800. - $5,000. for Attorney
* 40-100 hours of Comm Service/MADD classes/Driving Sc hool, etc.
* $500 - $1000 Fine and Ct Costs
* Lost time and $$ on Misc
* Unknown costs associated with lifelong arrest record...
 

Harold falcon

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Originally Posted by Ataturk
Yes, I know, but RE is a defense to DUI per se. Think about it.
Originally Posted by odoreater
Wrong. Refusing is the worst thing you can do. I don't know about other jurisdictions, but at least in NJ, you can still be convicted of DUI even if you refuse to blow based on other evidence. And, at least in NJ, refusal does not merge with the DUI, so you will be sentenced to consecutive license suspensions if you are convicted of both. There are many defenses to breathalyzer or alcotest cases, but there are almost no defenses to refusal.
^ This. Extrapolative evidence is not relevant in PA either. Pennsylvania, like many states now, is no longer a DUI (Driving under the influence) state. The law should really be referred to as DAI (Driving After Imbibing). The law specifically criminalizes having a BAC of a certain level (.08 or over) within 2 hours of the last time of driving. It does not matter what your BAC was at the time of driving, only that the test is done within 2 hours. Also, like many other states, you face a significantly higher penalty for a refusal, especially on a first offense where the offender is usually given the option of an "ARD" which is a probation like program with no jail time and a minimal license suspension. Every state can be very different. The only answer to OP's question is to consult a local attorney who specializes in drunk driving work.
 

DNW

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It's not a bad idea to always challenge the accuracy of the breathalizer instrument.
Nearly 400 people in Washington, D.C., have been convicted of driving while intoxicated based on faulty breath tests that calculated blood alcohol levels about 20 percent higher than the reality. D.C. Attorney General Peter Nickles said the problem was caused when a police officer set improper baseline levels on the machines, the Washington Post reports. Nickles’ office is contacting the convicted drivers and their lawyers. About 200 of those convicted spent some time in jail, the story says. At least one lawsuit has already been filed based on the revelation. Nickles’ office launched an investigation after an outside consultant indicated a possible inaccuracy. http://www.abajournal.com/news/artic...lty_dwi_tests/
 

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