Reply With QuoteM2= ZERO ALCOHOL(not the cop "singled me out" BS)
you must have weighed risk in your mind before you took that first drink...
cops can pull over whoever they feel like and in your case they must have "sensed" something
you ****ed up, PERIOD
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So I was at the Brooklin Spring Fair the lastnight and I got pulled over by the Police.. Now I believe like I was zeroed out to begin with because there was 2 cars the turned before I did and the cop he didn't bother to pull them over.. Then he pulls of to the side of the road and pulls me over.. So I think just because I was on a bike that he pinned me out.. I don't know if there is some kind of law against this or not.. I am sure it doesn't matter cause I guess they have the right to pull over whoever they want.. Any insight on this???
So anywaz.. I had a couple beers at the fair on my M2 and I though I would have been alright to drive home and I though I left enough time to have the beer clear out of my system before I went home but I guess not cause I blew over the zero limit that I am suppose to have...
So the ticket isn't a drinking and driving charge because I wasn't over then .8 limit to get charged with drinking and driving.. I was only charged for "Class M2 Licence Holder B.A.C Above Zero" contrary to H.T.A - O Regulation 340/94....
Now the ticket is for $110 ($85 plus the processing fees)... Now I COULD take this to court and plead that I feel like I was zeroed in on because I was on a bike since 2 other cars were infront of the cop and he decided to pull off the side of the road until I pasted him.. But what I want to know mostly is will this ticket affect my insurance or anything.. I was given a 12 hour suspension and this ticket.. Now I know it's not a drinking and driving charge.. But I don't know if it will show up... I don't even know if this is any dermit points.. How would I find out of this is dermit points or not?? It doesn't say anything on my ticket..
So any help would be great.. I am thinking of just taking it to court in hopes the police officer will not show up and the ticket can get thrown out.. I will not cost me any time of work since I get paid sick days for one and 2 I am gonna try to get a court date for a Monday in which case I only work Tuesday - Friday....
Thanks in advancew.
Last edited by 05CobaltSS; 06-08-2008 at 10:28 AM.
M2= ZERO ALCOHOL(not the cop "singled me out" BS)
you must have weighed risk in your mind before you took that first drink...
cops can pull over whoever they feel like and in your case they must have "sensed" something
you ****ed up, PERIOD
Moderator
That you didn't feel like you had alcohol in your system isn't material. You'd have a very difficult time showing preferential enforcement. You may have received a 12 hour suspension for having alcohol in your system already, but you're also looking at a potential 60 day suspension for breaching the terms of your license.
You need a paralegal or lawyer. There's very little assistance that you can get here, for this sort of charge.
Morally Ambiguous (submissions welcome)
"Man is least himself when he talks in his own person. Give him a mask, and he will tell you the truth." - Oscar Wilde
drinking any alcohol and driving is stupid, drinking any alcohol and riding is retarded lol
What was your BAC?
If you blow over 0.05 now you face 3 day suspension+fine instead of the old 12 hour suspension. That's irrespective of license endorsement.
But yeah, sniffing a bottlecap with an M2 will get you pinched and there's little recourse other than arguing the machine itself is faulty.
ex-ZX-7/9
ZX-6D w/colour matched Duct Tape
ex-RZ500
ex-RD400
I don't drink because I don't enjoy the taste of alcohol. having a beer or two is not enough to make you intoxicated to the point of being a danger to your self or some one else. This drinking and driving thing has really gone overboard. OH, look he had a beer...........shoot him.
Last edited by videosilva; 06-08-2008 at 12:41 PM.
Yeah, go with the "I was picked on cuz I was on a bike" line of defence. The JP will love it!!!
Did you not know the conditions of your M2?????? They are usually made pretty clear when going through the M licencing process.
Your excuse will get you nowhere, get a lawyer or paralegal or you can risk going in by yourself and hope that the cop doesnt show, but if he does then what?
The ticket will affect your insurance... when you apply for insurance again, and they ask, "Has your licence been suspended in the last 6 years?" or something to that effect, you'll have to answer "yes" and if you don't, that'll be fraud or some other crazy charge (at which point you'll most likely never get insurance again). Ins Co.'s don't tend to be too keen on things like this, so you'll most likely face some expensive (moreso than now) insurance rates.
When your insurance company renews your policy next year, you may get away with it... so keep the same rates.
However, they sometime have "random" checks on their clients to re-examine their driving record, and if they find out this way then you'll pay much higher insurance.
I'm not sure if legally you are supposed to report this to your insurance company unless applying for insurance again and asked explicitly.. but I wouldn't say anything, unless asked.
P.S. Being singled out defence will be weak at best... but fight it anyway.. you never know.
For those of you who think it nessesary to bash someone for something and thinking its helping.. Guess again.. IT's NOT!!!!!!!
I never said I was going to use the "he singled me out" line.. If you read what I said.. I said... " I don't know if there is some kind of law against this or not.. I am sure it doesn't matter cause I guess they have the right to pull over whoever they want.. Any insight on this??? "
I was simpling asking for some insight on it.. But I also stated that.. I know they can pull over whoever they want.. So I am pretty much aware they have a right to pull over whoever they want to.. So don't reem me about that cause I am aware of knowing they can pull me over.. I never said I was going to use it as my excust.. THANKS!!!
Second.. My licence was onyl suspended for 12 hours.. It will not be suspended for 60 days for breaching my licence agreement.. Otherwise they would have done that lastnight.... My B.A.C was .05 ... So I guess it was sorta high.. So I guess I was stupid for getting on my bike and going. But I think that stuff is BS anything.. Everyone is different and can handle different amounts.. I know when I am drunk and one I am not drunk.. I am a old enough person to know my limit.. But my limit and the legal limit are 2 different things..
We depends on the law to say when we are drunk.. You can all say I am a idiot or ******* or whatever you want.. But everyone is different and can handle more then the other guy or less then the other guy.. Just cause that machine tells you that your drunk doesn't mean your drunk.. a 100lb person will usally get drunker then a 200lb person... But they drink the same amount and will blow the same amount...
As far as my insurance.. I will not be changing inusrance companies anywaz.. The company I am with is good and hopefully I will not get reviewed...
As far as my showing any signs for the cop to pull me over.. Nope, I didn't show any at all.. I left the parking lot.. Turned right at the stop sign (came to a full stop singled and everything) and then he pulled over to the side of the road (I was doing the speed limit) and then pulled me over.. I wasn't weaving or anything....
In the end.. Yes I am stupid.. Knowing A) I have my M2 and B) knowing that they had the whole lots of cops around cause it was a fair.. I should have just got a ride with someone or waited. But I didn't post so I could have people say rude things.. I post to get some insight.. Now I have it.... Thank You
I might just go to the court room to take the chance the cop doesn't show up.. If he shows up then oh well.. I will just tell them I will pay the ticket and be gone...
If 3 vehicles are speeding in a group the cop can't pull all 3 drivers over so it's usually the last vehicle in the group since it's the easiest and safest target. It was your unlucky day, deal with it. The M2 absolutely does not allow for any amount of alcohol, regardless of how well you can handle it. How much clearer do you need that to be? You knew the consequences of your actions and are looking for an excuse.
Last edited by RetroGrouch; 06-08-2008 at 01:24 PM.
"I got a new spleen from a guy who liked to ride motorcycles". Fry, Futurama
My bike is a video star! youtube.com/watch?v=Ju9caIDWQ40
"...But they drink the same amount and will blow the same amount.."
That doesn't sound right, a 100lb person drinks a beer will have a higher blood alcohol level than a 200lb person drinking the same beer.
But I agree with you that your limit is definitely different than the legal limit. Unfortunately, you got caught and your personal alcohol tolerence doesn't matter one bit, in the eyes of the law.
So contact a lawyer as this is a serious enough charge to warrant one.
P.S. sorry we hurt your feelings, here's a tissue....
you should know to expect these things on the internet man!
Moderator
You are incorrect. Your license was suspended for 12 hours because you had more than your mandated level of alcohol in your system. Your license can be suspended for 60 days, for breaching your license conditions, AFTER A FINDING OF GUILT IN COURT.Originally Posted by 05CobaltSS
This is a serious situation. As I said before, you need to obtain representation.
Weight is immaterial. The amount of alcohol per unit of blood volume is what matters, which is generally the same regardless of weight.
Last edited by Rob MacLennan; 06-08-2008 at 01:34 PM.
Morally Ambiguous (submissions welcome)
"Man is least himself when he talks in his own person. Give him a mask, and he will tell you the truth." - Oscar Wilde
MY feelings arn't hurt.. trust me... I just think it's immature but thats about it..
As far as the serious charge... It's not a big fine nor does it involve points.. How serious is it. Since it's not a drinking and driving charge?
RetroGrouch - Bud.. It is clear lol.. I just finished saying I know what I did was stupid and I shouldn't have done it.... I dunno how much more CLEARER I can make that..
My advice would be to accept the consequences of your actions (like others have said, M2 = ZERO alcohol allowed) and pay your fine. Learn from your mistake and move on with life.
That is what I plan on doing..
I just talked to my buddy.. He said his licence was suspended for 12 hours and it didn't show up on his record.. So as far as I know right now I am in the clear as far as insurance things go with the suspension.. It's more of a warning basically..
But I am going to call a points or something tomorrow and find out exactly..
Or you can get a lawyer and hope it goes through the courts for 2+years.
And get off like that cop whos DUI charge was tossed a few weeks ago under 11b.
Maybe you don't mind our tax dollars being wasted on someone fighting something they were guilty of doing, but...
Or you can get a lawyer and hope it goes through the courts for 2+years.
And get off like that cop whos DUI charge was tossed a few weeks ago under 11b.
Did you tell the cop you had beers in your system?
What grounds did he have for the breathalyzer? Even if he does show up at court, question him. I thought you had to show signs of intoxication/irratic driving etc. to be breathalyzed.
Were you offered a blood test?
www.durhaminline.com Inline Hockey in Durham Region
OFAH member
My civil libertarianism grows daily when confronted with the obvious injustices I witness.
"did you have anything to drink tonight?"
"nope."
"you sure"
"absolutely."
"you smell like beer."
"some jerk spilled some on me."
".. spilled it into your mouth?"
"no sir .. tee hee"
"oh you .... get out of here, kid"
"thanks, and have a pleasant evening"
.. is how it should have gone.
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