Police Forum Police Head Mod: Skidmark
Questions & info about the Motor Vehicle Act. Mature discussion only. | |
04-14-2010, 12:14 AM
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#1 | Oh goodie, 5 posts already!
Join Date: Apr 2010 Location: coquitlam
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hi everyone I have a few questions to ask please bare with me im a new member and first time getting a ticket. Tonight, I got two tickets (drive without consideration and speed relative to conditions) I`m planning to dispute the tickets since the cop never really asked me to explain why I swerved across three lanes. I was in the far left lane and a truck cut me off and brake suddenly infont of me soo I swerved to the right lane and the guy on the right lane suddenly braked aswell soo i swerved again to the next lane. I wasn`t speeding since it was right after a red light, speed limit was 60 and I was doing 50. But anyways, I`m a really busy person, I go to school and work sooo disputing it will be such a hassle I just have few questions, I`ve been driving for 5 years now and have had my class 5 for almost 2 years. These 2 tickets gives me 9 points, I`m just wondering how many points does it take to get my license suspended and if I`m paying a DPP or DRP premium to ICBC.. And are there any consequences if I lose the dispute or am I only just paying the whole amount without the 25 dollar discount for every ticket
thanks in advance
help is greatly appreciated
Last edited by zoey_sweet1987; 04-14-2010 at 12:30 AM.
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04-14-2010, 01:29 AM
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#2 | No Duplicate Accounts Allowed
Join Date: Apr 2007 Location: BC
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looks like u created this account to save rep on ur regular account.
how come u didnt try to explain it to the cop?I would definately bitch out on the spot if u were innocent as u say. those are some heavy charges and points.
to answer your question
if u decided to pay the ticket and deem yourself guilty:
you wont be paying DRP
but u will be paying DPP of a one time fee 640$. That is assuming that you wont get any more points within 1 year of paying those tickets AND that u hadnt had any tickets within 1 year prior to tonight.
If u even had 1 point on your license within 1 year ago from tonight, u will be PAYING a DRP (which is assessed based on ur whole record) and DPP of 905$ (260$ difference for one point)
Even if the cop knew your situation, he could say,
you shouldve been able to stop if you were driving with care and keeping a good speed relative to weather. which i believe is right.
If a truck were to cut me off, i would start braking right away to gain some braking distance.
Last edited by simsimi1004; 04-14-2010 at 01:40 AM.
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04-14-2010, 07:51 AM
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#3 | Oh goodie, 5 posts already!
Join Date: Apr 2010 Location: coquitlam
Posts: 5
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no this is my only account, I kept asking my friend about questions about this and he can't give me exact answers sooo I made this account soo I can ask people here. I tried explaining to him what happened and I was trying to be as nice as I can but he won't listen to me and just kept asking me my license and registration. Thanks for answering my question regarding DPP/DRP. I still want to know how many points does it take to lose your license if you have your class 5
thanks
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04-14-2010, 07:55 AM
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#4 | Oh goodie, 5 posts already!
Join Date: Apr 2010 Location: coquitlam
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oh btw, are there any consequences if I try to dispute this ticket and I lose? like are there bigger fines/penalties?
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04-14-2010, 08:06 AM
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#5 | No Duplicate Accounts Allowed
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it depends if he let u off with something else, EX/ he only gave u 2 tickets when he couldve given u 3. If u dispute, he would likely ask the judge to add on 1 more ticket. But if not, then your fine. It's all in the judges decision. the cop cant make u pay more cuz u disputed.
As far as your losing your license, Its assessed by the superintendent of MV. So its different for every case. But i think its unlikely you will get suspended for those 2 tickets, but that's just a guess. What your best bet in answering that question is trying to find someone who has 9 points with class 5 but didnt get it taken away. Quote:
(260$ difference for one point)
| and just to clarify i mean 260$ for the one point difference of 9 to 10. from 10 to 11 the difference is less but from 11 to 12 its higher and etc.
The fines u pay based on points can be found at http://www.icbc.com/driver-licensing.../dpp/dpp-chart |
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04-14-2010, 08:17 AM
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#6 | RS Peace Officer
Join Date: Feb 2007 Location: Vancouver Islan
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At 9 points you will likely be hearing from the MVB. If you loose the dispute you will be liable for the fines on the tickets. The JP can increase the fines if he/she wish, based on what is entered as evidence in court.
From a technical standpoint it sounds like you were following too closely and when the vehicle in front of you braked, you cut off two other drivers to avoid him. The drive w/o consideration would likely be for the cutting off the other dirvers and the speed relative to conditions would be that you should not be going the speed you were as it reslulted in you not having enough distance to brake. You do not have to be going over the speed limit to be going too fast for the conditions. These are the points that the crown would likely raise in their evidence.
Careless driving prohibited
144. (1.) A person must not drive a motor vehicle on a highway
(a) without due care and attention,
(b) without reasonable consideration for other persons using the highway, or
(c) at a speed that is excessive relative to the road, traffic, visibility or weather
conditions.
(2.) A person who contravenes subsection (1) (a) or (b) is liable on conviction to a fine of not
less than $100 and, subject to this minimum fine, section 4 of the Offence Act applies
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04-14-2010, 08:24 AM
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#7 | Oh goodie, 5 posts already!
Join Date: Apr 2010 Location: coquitlam
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What do you mean by hearing from MVB? Like do I get suspended or will they just tell me I'm in probation or something? Its weird my friend has her N and has 9 points and she got a letter that says she's on probation but never lost her license Posted via RS Mobile |
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04-14-2010, 09:32 AM
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#8 | racing & tech mod.
Join Date: May 2004 Location: Vancouver
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In addition to all the above comments:
I have disputed tickets like this in the past. The specific charges are relatively easy to dispute, because they are largely subjective. (based on opinion) If you articulate your side of the story clearly, and justify your actions, you may get the charges reduced, or dropped altogether. If you have been driving for 5 years without tickets or accidents, that can help your case. However, bear in mind, for an officer to chase after you and hit you with two charges, whatever you did must have looked REALLY BAD from the officer's point of view.
There are times when police get a bit too aggressive and over-react to a driver's infraction. however there are also times when a driver does something completely stupid and illegal, but think that his actions are completely fine. The truth is somewhere in the middle, that's what traffic court is for.
And taking an hour or three out of your day to go to a traffic court appointment is not a huge hassle. If anything, it's an amazing learning experience.
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04-14-2010, 11:16 AM
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#9 | I *heart* Revscene.net very Muchie
Join Date: May 2001 Location: Burnaby, BC
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Originally Posted by Rich Sandor And taking an hour or three out of your day to go to a traffic court appointment is not a huge hassle. If anything, it's an amazing learning experience. | I agree wholeheartedly with this part!!
It's almost hilarious, what some of the other drivers will say as part of their dispute. Try and keep from laughing out loud though...
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Don't be the next RS.net statistic - If you drink, don't drive. You'll lose your licence, and the rest of us will laugh at you.
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04-14-2010, 11:42 AM
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#10 | RS Peace Officer
Join Date: Feb 2007 Location: Vancouver Islan
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Originally Posted by zoey_sweet1987 What do you mean by hearing from MVB? Like do I get suspended or will they just tell me I'm in probation or something? Its weird my friend has her N and has 9 points and she got a letter that says she's on probation but never lost her license Posted via RS Mobile |
It could be that they suspend you or tell you that you are on probation. A lot depends on the type of charges...yours are considered "aggressive driving"..if you have provious convictions I believe that also comes into play as they decide what to do. Either way, if they are going to prohibit or warn you then you can expect a regsitered letter. If you don't get one, then consider yourself warned,...by what happened.
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04-14-2010, 05:29 PM
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#11 | Retired Traffic Cop
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Did you read the sticky on traffic tickets?
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04-14-2010, 07:27 PM
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#12 | Oh goodie, 5 posts already!
Join Date: Apr 2010 Location: coquitlam
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yes skidmark I have but its not clear to me at all
It says:
Any combination of two of the following offences
within a one year period: excessive speed, driving
without due care and attention and driving without
reasonable consideration
and I don't know what the x's mean on the chart and I believe I don't have 2 of those following offences, I got the driving without reasonable consideration and speed relative to conditions... I'm sooo lost please can you clear this out for me??
thanks a lot
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04-14-2010, 07:54 PM
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#13 | My name is Michael. J. Caboose, and I hate BABIES!
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Or... you could contact the issuing officer and ask him to explain it to you instead of waiting around on here.
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04-15-2010, 07:39 AM
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#14 | I answer every Emotion with an emoticon
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wow... you jumped lanes... thats a BIG BIG no no...
i did that once, no matter what i told the judge, he slammed that hammer so hard it broke!! muwhaha...
j/k no that didnt happen... :P
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