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  1. #1
    Join Date
    Jan 2006
    Location
    Ontario
    Posts
    2

    Default Pleading to Careless Driving on a Drunk Driving Charge

    I was charged in Ontario with driving while having over 80mg of alcohol in my blood. I took the first brethalyzer test one hour after being stopped and blew 1.2, I took the second brethalyzer test 19min later and blew 1.1
    I have been to court twice now and my lawyer wants to plea down to a careless driving charge. Should I take the plea or continue to fight? I deperately need a second opinion.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Drunk Driving Charge

    You are charged with 80mg/100mL, and you say that you tested at 110 - 120mg/100mL. What defenses did you have in mind?

  3. #3
    Join Date
    Jan 2006
    Location
    Ontario
    Posts
    2

    Default

    Not sure if I have a solid defence. My lawyer seems to belive that I might have a chance because there was an hour between the time I was pulled over and the time of my first test. It could be proven with the help of a toxicologist that I was not "over 80" during the time I was actually driving. My lawyer also said that this may be risky if the toxicology test does not prove my defence.

  4. #4
    Join Date
    Jan 2006
    Location
    Non-Domestic
    Posts
    79

    Default

    Take the plea

  5. #5
    Join Date
    Feb 2006
    Posts
    1

    Default hello

    I'm a law student and i have a presentation on the whole concept of over 80mg and when i was looking it up, your comment showed up. Just wanted to tell you that your best bet would to plea for careless driving because you are totally screwed for any other defence! sorry to say, the officers who took the steps for proof to your conviction took it very carefully which means that there is no way out for you. Your lawyer is right, plea to careless driving!!!! theres no other way because you were wayyyy over the limit.
    Anyways, thats just my input. It's up to you, and i know that you dont even know me but its still another opinion.
    -Aynur

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