Legal issue with DUI

VancouverZ34 · 03-13-2010, 03:43 AM

I'm not sure if this is okay to discuss about this kind of issue on this forum.
Last night, I was parked infront of my friend's apartment where it's only 200m away from my house.
A police officer approached and asked me for my driver's license and insurance. I recently renewed my insurance and I couldn't remember where I've put it because i was panicking.
He asked me to blow into the breathalyzer, I informed him that I have medical conditions and also I'm a heavy chain smoker. He almost forced me to do the test over and over again and it kept on saying error. I ended up getting handcuffed and thrown into the cop car infront of the girl who I was asking out about 5 minutes before the incident. (how embarrassing is that?)
at the university RCMP station, I was asked to do the breathalyzer test over and over, the machine was unable give right number.
then NOW i got charged with "fail to provide sample" under section 254 act 5.
cops asked me to sign on "PROMISE TO APPEAR" paper and other tickets, however I refused to do so, telling them "I don't sign on something that don't admit or I don't agree". They lied to me, saying "you'll be imprisoned until the court date if you don't sign the papers". I did not sign, they just let me go with 2 tickets on "parking in no parking zone" and "fail to produce insurance" and unsigned "promise to appear" paper.

HERE ARE MY QUESTIONS:
1. can I get charged with DUI if I wasn't even driving?
2. do I even have to bother showing up the court if I didn't even sign?
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).
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.)

Thanks for reading such a long thread.

FricFrac · 03-13-2010, 03:53 AM

Get a lawyer.

SoCal 370Z · 03-13-2010, 03:54 AM

Quote:

Originally Posted by FricFrac

Get a lawyer.

fullmonty · 03-13-2010, 04:15 AM

Get a lawyer, however I do not think they can charge you with DUI or the like because they could not get a sample.

schrack150 · 03-13-2010, 05:10 AM

Quote:

Originally Posted by VancouverZ34

I'm not sure if this is okay to discuss about this kind of issue on this forum.
Last night, I was parked infront of my friend's apartment where it's only 200m away from my house.
A police officer approached and asked me for my driver's license and insurance. I recently renewed my insurance and I couldn't remember where I've put it because i was panicking.
He asked me to blow into the breathalyzer, I informed him that I have medical conditions and also I'm a heavy chain smoker. He almost forced me to do the test over and over again and it kept on saying error. I ended up getting handcuffed and thrown into the cop car infront of the girl who I was asking out about 5 minutes before the incident. (how embarrassing is that?)
at the university RCMP station, I was asked to do the breathalyzer test over and over, the machine was unable give right number.
then NOW i got charged with "fail to provide sample" under section 254 act 5.
cops asked me to sign on "PROMISE TO APPEAR" paper and other tickets, however I refused to do so, telling them "I don't sign on something that don't admit or I don't agree". They lied to me, saying "you'll be imprisoned until the court date if you don't sign the papers". I did not sign, they just let me go with 2 tickets on "parking in no parking zone" and "fail to produce insurance" and unsigned "promise to appear" paper.

HERE ARE MY QUESTIONS:
1. can I get charged with DUI if I wasn't even driving?
2. do I even have to bother showing up the court if I didn't even sign?
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).
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.)

Thanks for reading such a long thread.

1. itd be hard to prove
2. it would look bad on your part not to go
3. they should have done fst's, but they didnt see you driving
4. i doubt it

most states with a failure to provide, will suspend your license for a set period of time
________
E-CIGS

ducky · 03-13-2010, 05:21 AM

that is one d*ck popo...always hated them..have nothing better to do..

VancouverZ34 · 03-13-2010, 08:18 AM

it'd be very easy to prove since cop gave me another ticket for "parking in no parking zone" at the same time. This clearly shows that I was PARKED. don't you agree?

IDZRVIT · 03-13-2010, 08:46 AM

I'm no lawyer but it sounds like you had care and control of your vehicle. Too bad you didn't fully cooperate as the horsemen will surely bring this up at your court appearance. Can you prove medically that you can't exhale enough to provide a sample? That would be my defence based on the facts you have stated. Oh, and get a lawyer.

racerxj17 · 03-13-2010, 10:50 AM

You can get a DUI for being passed out in he driver seat, car off, but the keys in the ignition.......

370Zsteve · 03-13-2010, 10:53 AM

Canada you say? Or is it Nazi Germany?

Quote:

Originally Posted by VancouverZ34

I'm not sure if this is okay to discuss about this kind of issue on this forum.
Last night, I was parked infront of my friend's apartment where it's only 200m away from my house.
A police officer approached and asked me for my driver's license and insurance. I recently renewed my insurance and I couldn't remember where I've put it because i was panicking.
He asked me to blow into the breathalyzer, I informed him that I have medical conditions and also I'm a heavy chain smoker. He almost forced me to do the test over and over again and it kept on saying error. I ended up getting handcuffed and thrown into the cop car infront of the girl who I was asking out about 5 minutes before the incident. (how embarrassing is that?)
at the university RCMP station, I was asked to do the breathalyzer test over and over, the machine was unable give right number.
then NOW i got charged with "fail to provide sample" under section 254 act 5.
cops asked me to sign on "PROMISE TO APPEAR" paper and other tickets, however I refused to do so, telling them "I don't sign on something that don't admit or I don't agree". They lied to me, saying "you'll be imprisoned until the court date if you don't sign the papers". I did not sign, they just let me go with 2 tickets on "parking in no parking zone" and "fail to produce insurance" and unsigned "promise to appear" paper.

HERE ARE MY QUESTIONS:
1. can I get charged with DUI if I wasn't even driving?
2. do I even have to bother showing up the court if I didn't even sign?
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).
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.)

Thanks for reading such a long thread.

theDreamer · 03-13-2010, 10:56 AM

I agree with others, find a good lawyer, show up.

CrownR426 · 03-13-2010, 11:08 AM

With a great lawyer, you can show them not to mess around.

G Fo12ce · 03-13-2010, 11:59 AM

Quote:

Originally Posted by racerxj17

You can get a DUI for being passed out in he driver seat, car off, but the keys in the ignition.......

In this case if you chose to sleep it off and made a wise decision to do that instead of drive drunk I think most cops would give you some slack. They'll probably tell you that you can't sleep over night in your car though.

Like someone said you will get your license suspended for an FTA (failure to appear) pretty much everywhere. I know, I say it about 10 times a shift as a dispatcher. Oh and get a lawyer.

m4a1mustang · 03-13-2010, 12:10 PM

For the billionth time, get a lawyer. That's what they're there for.

ChrisSlicks · 03-13-2010, 12:44 PM

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.

Quote:

Originally Posted by VancouverZ34

1. can I get charged with DUI if I wasn't even driving?

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?

Yes, unless you make other arrangements with your attorney.

Quote:

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).

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.)

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.

03-13-2010, 03:43 AM	#1 (permalink)
VancouverZ34 Base Member Join Date: Dec 2009 Location: Vancouver, BC Posts: 235 Drives: 1 //M coupe Rep Power: 16	Legal issue with DUI I'm not sure if this is okay to discuss about this kind of issue on this forum. Last night, I was parked infront of my friend's apartment where it's only 200m away from my house. A police officer approached and asked me for my driver's license and insurance. I recently renewed my insurance and I couldn't remember where I've put it because i was panicking. He asked me to blow into the breathalyzer, I informed him that I have medical conditions and also I'm a heavy chain smoker. He almost forced me to do the test over and over again and it kept on saying error. I ended up getting handcuffed and thrown into the cop car infront of the girl who I was asking out about 5 minutes before the incident. (how embarrassing is that?) at the university RCMP station, I was asked to do the breathalyzer test over and over, the machine was unable give right number. then NOW i got charged with "fail to provide sample" under section 254 act 5. cops asked me to sign on "PROMISE TO APPEAR" paper and other tickets, however I refused to do so, telling them "I don't sign on something that don't admit or I don't agree". They lied to me, saying "you'll be imprisoned until the court date if you don't sign the papers". I did not sign, they just let me go with 2 tickets on "parking in no parking zone" and "fail to produce insurance" and unsigned "promise to appear" paper. HERE ARE MY QUESTIONS: 1. can I get charged with DUI if I wasn't even driving? 2. do I even have to bother showing up the court if I didn't even sign? 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). 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.) Thanks for reading such a long thread.

03-13-2010, 03:53 AM	#2 (permalink)
FricFrac A True Z Fanatic Join Date: Dec 2008 Location: Victoria, BC Posts: 1,481 Drives: 370Z 300ZX 280ZX 240 Rep Power: 229	Get a lawyer. __________________ '09 370Z - '93 300ZX Vert - '83 280ZX - '83 280ZXT -'81 280ZXT stroker - '72 240Z - Stillen CBE, HFC, G3, Grounding Kit, Sways // Swift Spring // H&R 15mm // 5% Tint // Clear Bra //

03-13-2010, 04:15 AM	#4 (permalink)
fullmonty A True Z Fanatic Join Date: Nov 2009 Location: Dirty Jersey Posts: 7,762 Drives: 370 Touring/Sport Rep Power: 34	Get a lawyer, however I do not think they can charge you with DUI or the like because they could not get a sample. __________________

03-13-2010, 08:46 AM	#8 (permalink)
IDZRVIT A True Z Fanatic Join Date: May 2009 Location: Halifax Posts: 1,659 Drives: '13 CTS-V, '76 Vette Rep Power: 27	I'm no lawyer but it sounds like you had care and control of your vehicle. Too bad you didn't fully cooperate as the horsemen will surely bring this up at your court appearance. Can you prove medically that you can't exhale enough to provide a sample? That would be my defence based on the facts you have stated. Oh, and get a lawyer. __________________ "America.... still builds rockets!" Vette: 355 cid, 400 rwhp '13 CTS-V Coupe: 6.2L LSA, 556HP

03-13-2010, 10:50 AM	#9 (permalink)
racerxj17 Track Member Join Date: Apr 2009 Location: Socal Posts: 555 Drives: 09 370z Rep Power: 17	You can get a DUI for being passed out in he driver seat, car off, but the keys in the ignition....... __________________ 2009 PW Sport/Touring/Nav M6 Stillen Gen 3 Intake/CBE/Berk HFC/BC BR Coil over/Phillips 6500k/Hotchkis Sways/Stillen oil cooler/B&M SS

03-13-2010, 05:21 AM	#6 (permalink)
ducky Enthusiast Member Join Date: Aug 2009 Location: SinCity Posts: 437 Drives: 370z and s2000 Rep Power: 16	that is one d*ck popo...always hated them..have nothing better to do..

03-13-2010, 08:18 AM	#7 (permalink)
VancouverZ34 Base Member Join Date: Dec 2009 Location: Vancouver, BC Posts: 235 Drives: 1 //M coupe Rep Power: 16	it'd be very easy to prove since cop gave me another ticket for "parking in no parking zone" at the same time. This clearly shows that I was PARKED. don't you agree?

03-13-2010, 10:56 AM	#11 (permalink)
theDreamer A True Z Fanatic Join Date: Feb 2009 Location: Texas Posts: 30,879 Drives: 370z Rep Power: 4210	I agree with others, find a good lawyer, show up. __________________ theDreamer's Z // Fast Intentions // Uprev // GTM // HKS // TEIN theDreamer's Silvia // URAS // GREDDY Houston Zs // Facebook // Twitter // Instagram

03-13-2010, 11:08 AM	#12 (permalink)
CrownR426 A True Z Fanatic Join Date: Nov 2008 Location: South Korea Posts: 4,676 Drives: Manual Rep Power: 848	With a great lawyer, you can show them not to mess around.

03-13-2010, 12:10 PM	#14 (permalink)
m4a1mustang A True Z Fanatic Join Date: Feb 2009 Location: Northern VA Posts: 55,385 Drives: on two wheels Rep Power: 6962	For the billionth time, get a lawyer. That's what they're there for. __________________ - Steve Zs & Coffee - Saturdays at 10AM in Fairfax, VA and Columbia, MD (Click the banner!) LIKE us on Facebook!

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