Help! DS in trouble in Canada. Any words of advice?

[DUTI]

He's been an idiot. He knows it. He doesn't deny it.

He went out last night and got so drunk that he thought it would be a good idea to drive home. The Police spotted him and have done him for driving under the influence.

Is there anything he can do to mitigate things? He drives for a living so losing his licence is bad news.
Anybody got any wise words on the best way to approach this in Canada?

Here OP

www.tarnowcriminallaw.com/dui-lawyer-vancouver/

You think it's reasonable to mitigate the consequences of DUI when ther are no mitigating circumstances?

Advice? Do the crime take the time.

Consequences are there for a reason, he won't do it again will he? See, appropriate punishment works.

Just thank god that he didn't hurt someone (or himself) while driving drunk.

If a drunk driver killed your son and you found out they had driven drunk before and hadn't had their license taken away would you think that was ok? Doubt it.

Do I think it’s reasonable? As a lawyer, yes. We don’t know all the facts. That’s why the son is entitled to his day in court. It’s for the court to decide if there are mitigating circumstances, not us.

We don’t know all the facts.

He went out last night and got so drunk that he thought it would be a good idea to drive home. The Police spotted him and have done him for driving under the influence.

What more do you need to know?

It’s for the court to decide if there are mitigating circumstances, not us.

And what mitigating circumstances are there for driving whilst drunk? Do tell. Nevertheless, On a MN thread it is entirely up to us to make our own decisions.

So say for example the police didn’t follow the law or due process during the incident. They didn’t inform OPs son of his rights maybe. Maybe detained him illegally. Behaviour that would prevent them prosecuting. We don’t know whether anything like that happened. Why shouldn’t that be raised as a defence? That is partly what legal defence is for. As Halo says. We know barely anything about this situation.

@SoupDragon

There is a reason courts, not public opinion, is the trier of fact in criminal cases. You weren’t there. Perhaps the test was administered improperly. Perhaps his Charter rights were violated. The point is, none of us, including the OP, know. Or perhaps we should just do away with the rule of law and allow mob lynchings, based on what some people feel should be the result.

Sorry, cross post with Passthecherrycoke.

The last few posts are missing the point.

This thread was started by a woman who wants to mitigate the consequences of her son’s criminal actions. That’s what’s appalling.

Worse, by saying things like “he’s all alone in his flat thousands of miles away”, “as any mother would”, she’s talking about the hurt she feels on behalf of her son. She doesn’t want to see him suffer. It’s awful for her to see this happen to him. It’s selfish, odious behaviour in the part of the OP. She’s only thinking of her son and herself.

Yes it bloody well is important and helpful to tell her to think about some poster’s neighbour’s nephew’s son who was killed by a drunk driver. Did he not have a mother whom loved him just as much as OP loves her son? Is he a lesser human being than OP’s son?

OP, I'm Canadian here.

Is he working on a working holiday visa? It may be revoked but unlikely. The 90 day suspension is automatic. I had mine suspended for similar at 19 (blew 0.01, 8x under the limit but I was a new driver and the law is no alcohol for the first two years driving). There's no criminal charges past that in most cases. Just a fine and the suspension and points on your license.

If he just blew in the breathalyzer he can appeal the decision and go to court (doesn't need a lawyer). If the police officer shows up, he will keep the fine and suspension. If the officer doesn't show up, it will (usually) be dismissed and he won't have to pay or do the fine. It's 50/50 whether they show up.

Our insurance here doesn't cover legal representation.

I also live in Vancouver B.C. so it should be more relevant to your son's specific circumstances.

I would hire him a lawyer to navigate the legal process. It’s not worth making a process mistake and making things worse.

Then start screaming at him.

@7salmon

No, I didn’t miss the point, nor did the previous poster.

@RTWhwales

The consequence depends on whether the OP’s son blew over .08. If it’s under .08, the suspension is provincial and there is no criminal record. This provincial law has been constitutionally challenged, most recently in Alberta, so it’s up in the air.

If he blew over .08, he will have been charged under the Criminal Code, and that will affect his visa status if he is convicted. In the latter case, he definitely should retain a lawyer.

@Passthecherrycoke

So say for example the police didn’t follow the law or due process during the incident. They didn’t inform OPs son of his rights maybe. Maybe detained him illegally. Behaviour that would prevent them prosecuting. We don’t know whether anything like that happened. Why shouldn’t that be raised as a defence? That is partly what legal defence is for. As Halo says. We know barely anything about this situation.

So it's ok to get someone off for drink driving if the police didn't follow protocol?

Yes. Because the law has to be followed properly for it to safely have meaning. That wouldn't absolve the ds of his personal responsibility not to do something as stupid and dangerous again.
But for society to have faith in a legal system it cannot flex and bend past the correct procedures. I have lived in a country where this happens and it makes everything more dangerous.

Your son has done a very stupid & dangerous thing but he knows that and I can only imagine how dreadful he is feeling. I know this doesnt go anyway to excusing what he did but I live in Canada and I am still shocked at how socially acceptable it is to drink & drive here. I don't think you need to be beaten up for wanting to support & protect.your son, I really feel for you. Whatever punishment he receives he will deserve and it will be a harsh lesson for him. ( I'm very close to Van & if I could I'd go & give him a big mum hug for you

if I could I'd go & give him a big mum hug for you
Bless you! He was all over the place over the weekend - up, then down then wobbly. He is having trouble thinking straight and deciding on a plan.
He was a bit better yesterday because offices opened again after the weekend and he could find out where he stands.
He won't get a criminal conviction and he won't get his visa revoked but he has got fines and costs coming out of his ears - thousands and thousands of dollars (not expecting sympathy, merely stating facts before you all start jumping on me)

marcopront It’s the way it goes. The police need to act legally within their powers otherwise they don’t get convictions. The consequences of not holding them accountable for mistakes are huge.

The law says that people can’t be prosecuted if the police haven’t investigated within the law so your views don’t override that in afraid

So it's ok to get someone off for drink driving if the police didn't follow protocol?

The Supreme Court of Canada has answered affirmatively, and despite our PMO deciding it is above the law, we still are a country with a rule of law.

He won't get a criminal conviction

So he was under .08.

He has been extremely lucky and has learned a very expensive lesson.

What about his licence, OP?

Well isn’t that a surprise, the vast majority of posters here had no idea what they were talking about after all 🤣

What about his licence, OP?
That's the strange thing. It's only suspended for 90 days, which seems lenient.

It’s because it’s a suspension under provincial legislation, not federal legislation, where a criminal conviction would apply. He didn’t have a .08 reading. Had he, he would be facing at least a one year suspension.

The admissibility of breathalyzer samples under the BC law was upheld by the Supreme Court on the narrowest of margins. A similar law currently is being challenged, so this law could eventually be overturned.