03-13-2010, 11:44 AM
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#15 (permalink)
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A True Z Fanatic
Join Date: Mar 2009
Location: North East
Posts: 6,203
Drives: 09 370Z Sport M6
Rep Power: 654
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First off, get a lawyer. They should be able to get all charges dismissed without too much trouble. It's much harder to fight these things on your own.
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Originally Posted by VancouverZ34
1. can I get charged with DUI if I wasn't even driving?
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As already stated, if you are in your vehicle and have the keys in your possession on within the vehicle, then yes.
Quote:
Originally Posted by VancouverZ34
2. do I even have to bother showing up the court if I didn't even sign?
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Yes, unless you make other arrangements with your attorney.
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Originally Posted by VancouverZ34
3. is there a way to sue to police officer refusing to conduct different test methods such as balance test, blood sample test and others (methods listed on ICBC website).
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You can't sue them in this case but because they failed to use all the methods available to them after the breath test failed they can't legally charge you under 254-5. This act is primarily for people that refuse to provide a sample, you on the other hand were fully cooperative.
Quote:
Originally Posted by VancouverZ34
4. is there a way to get my money back on towing/impound as well as loss from not being able to drive for a day(even though I don't need my car to go to school and so on, I want to give cops the best I got.)
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You should be able to get the towing impound fees returned if it was proven that the arrest was improper, which it appears it may be. Damages will not be awarded, you would have to file a civil suit against the RCMP.
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