If you are arrested for a drunk driving offence in British Columbia, you normally walk out the police station with a small pile of papers. Many people don’t want to know what the papers say. Most important at that moment is to get home, gets some sleep, have a shower and find something to eat.
A moment of clarity may come in the shower. This is the point when most people conclude ” I need to get a lawyer to look at this.” An hour later most people dig out their papers, look them over and then give us a call.
Why the papers the police give you are important
Each of the papers the police give you are important and it can be essential to the case that they are preserved as closely as possible to the condition they were in when the police slide them over the counter to you. So do not write on them, or set your coffee on them.
In most criminal impaired driving accusations, the police issue the subject a 24-hour driving prohibition pursuant to section 215 of the Motor Vehicle Act. This document is the size of a Violation Ticket. It notifies the driver that they cannot drive for 24-hours. This period runs from the time and date recorded by the officer.
The confusing thing about the 24-hour prohibition is that the document suggests that you can collect your BC driver’s license at the police station the following day. Most people also have a concurrent 90-day prohibition. Many BC police officers explain this incorrectly which causes confusion. If you have a 24-hour prohibition and you also have more papers, do not go to the police station to try to get your license back. If you are unsure about where you stand in the procedure, speak with a criminal lawyer before you do anything.
In At or Over .08 and Refusal to Blow allegations you do not get your license back.
Most of this is explained on the 90-day Administrative Driving Prohibition Notice of Driving Prohibition document, along with the 7-day period in which to file an application for review of the prohibition. What is not explained is that the 90-day prohibition is not the end of the matter. When the prohibition is over, you cannot get a license until you are on your way to completing the Responsible Driving Program. And then, your license will contain a restriction wherein you can only drive a vehicle with an interlock.
The most important of the papers
The most important, irreplaceable sheet of paper is the Certificate of Qualified Technician (blank sample). If you have been arrested for At or Over 80 mg in 100 ml (.08 mg%), this is more important than the Shroud of Turin (which is likely a phoney in any event). It is the document that has your Blood Alcohol Content or BAC, usually as recorded on the Intox EC/IR II breath-testing instrument.
The Certificate of Qualified Technician is evidence itself and the form in which you have it and received it may be important for your case. Do not show it to anyone, or return it to the police if they ask for it, or put a mark on it of any sort. A copy of the document is insufficient. You must give the actual document to your criminal lawyer.
On Tuesday we will discuss the final documents that are typically served, including the documents that compel attendance at court and accident reports.
If you or your loved one has been arrested for impaired driving, over .08, or refusal to blow, call us as soon as possible so we can make a plan to deal with the case