Possible Suspension - Insight?

[devchub]

Hey everyone,

I just wanted to get insight on my situation for having a possible suspension on my 'N' license and what are my best options to handle this situation.

I've had my N for about 3 years. I can already get my Class 5 but I've been lazy and busy, and was going to get it recently but found a new job that is fulltime (so I put it on hold for obtaining my Class 5 further but my old old N instructor was going to help me book it sometime Jan he said) and I actually require a car for this job (so I can't really get suspended, because I need the car for work).

Story is that yesterday was my sister's birthday and I was the one driving her. It was her birthday, so I had one drink with her. At the end of the night (this was about 2-3 hours after I had my drink) as we were going home, we hit a road block and I was told to pull over and do a breathalyzer test, so I stepped out and took the test. It said 2.1 on the thing (I'm not sure how to calculate it, but I guess it was 0.021? The officer said even though it's fairly low, I'm a new driver and shouldn't have any alcohol in my system/blood whatsoever. I told her it was my sister's birthday and I only had one drink with her to celebrate, but she didn't budge about it. She gave me a violation ticket (MV 25(15) ) and also a 12-hour suspension where my car got impounded and my license got taken away.

I got my car back today, but I couldn't get my license from the police station (not sure why - they said it didn't arrive yet, so I'll try again tomorrow).

My problem is that I need this car for work so I can't get it suspended for 3 months according if I get a letter from ICBC. I've read some threads, and even 3 to 4 points - it doesn't matter, depends who is reviewing it and it may get suspended just because I'm a "N" driver. This is the part I'm most worried about. I've been driving for 3 years, no tickets whatsoever, this is my first violation ticket and now I have 3 points under my N license. I'm worried that they will put me on suspension.

What is the best way to handle something like this if I do get suspended? I've talked to some people, they told me to dispute it, I just had one drink with my sister as to celebrate. Bottom line though is I did have alcohol in my system and I know its my fault to decide to have that one drink so I don't know how I will get away with that in front of the judge.

They also just told me to go ahead and just do my road test because you might as well. Can I still take the Class 5 road test even with an existing ticket that's being disputed or not dealt with yet?

Any insight on a situation like this and a way to deal with it?

[Not really racist!]

Sorry about what happened... but read the restrictions on the back of your license..

0% BAC, don't dispute it... just because you did have alcohol.

unfortunately you should take this as a lesson earned cheaply.. 3 months will go buy quick.. don't know about ur job tho

[baggdis300]

dispute it..
i took my class 5 with 4 tickets in dispute
and i had won 1 ticket after getting(class 5 was at 8, court at 12) my class 5 and beat one 2 months ago as well...

so glad i disputed

[devchub]

Thanks for your responses.

Honestly I am thinking of disputing. I had that drink awhile ago (2-3 hours maybe 4). I don't even know how long it takes alcohol to get out of your system, I don't drink regularly either, so it was unlucky for me, which I'm banging my head against the wall at my situation right now because I even bought a car just for this job like a week ago.

What kind of tickets are yours baggdis? The thing is, this isn't a speeding ticket or whatever. I got suspended for 12-hours for having just that 0.021.. so I am worried that just because of 'alcohol' that I will just be suspended. The guy who is setting up my Class 5 is already trying to set it up now/before.. so I hope I can still take it.

edit: plus my 12 hour suspension is now recorded on my driving record.

edit2: And also I was reading this: "A single 12 hour suspension or 24 hour prohibition will bring further consequences for the new driver. The Superintendent of Motor Vehicles will take action in the form of a driving prohibition for a period of 1 to 3 months." How does this actually come about? Do they send me a letter saying that I am suspended? Or will they send me a letter that I will be suspended if found guilty? Can someone shed some light on this? Will I be automatically suspended when I receive this letter, etc?

[BallPeenHammer2]

Straight up, you should've gotten the class 5.


If within 30 days u can dispute the charge, so you give yourself a bit of time to get your class 5.



See if that helps. But honestly, I don't think it will. much.

[jlenko]

Losers like you don't deserve the privilege of driving.

Why not run for premier? You'd fit right in.

[FerrariEnzo]

if you dispute, how will you fight it? it is printed in black and white that you can drink and drive while having the N class.
saying "my sisters birthday" doesnt seem like a valid reason to drink and drive, does it?

im not trying to be rude/mean but its highly doubtful that you will win this.

[vk_kobra]

Not sure how you are going to dispute the ticket... you're BAC as a new driver is 0 and you had alcohol in your system. You could try showing up and seeing if the officer doesn't, however if he does prepared to be raped by the judge for wasting the courts time without a defense. Time to man up.

[baggdis300]

Post pone the date most of the time they don't show up for the new date
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[- kT]

situation doesn't look very good for you
i'm not sure about the whole taking class 5 thing, but if things don't work out and you do get suspended, talk to your boss. they may be kind enough to keep you in a different position that doesn't require having a license (for 3 months) and when your suspension ends, then you'll resume your duties in your current position. i work at a dealership and i've seen this happen before, but ultimately it's your bosses decision. if they decide that you're an idiot for getting suspended in the first place, then you'll be fired

good luck, if nothing else, hopefully you've acquired a lesson

[Bainne]

It really isn't a matter of whether you did it or not at this point, or your reasonings behind it were pure. Once the officer decided not to care about your situation, move onto the next stage.

You agree to drinking, you agree that you drove contrary to the rules of a novice driver. Honestly people, let's get past that, folks on here are so pathetically fixated on boosting their own superiority complex about other "bad" drivers it's repulsive...

In Canada, we have a system that is innocent until proven guilty. We also have a system, whereby you can dispute any charge for any reason and the onus is on the justice system and enforcement to ensure that law is upheld. Last I checked, it is your right to contest an accusation brought against you for any reason.

If by doing that, you are able to lessen a bad situation for yourself, then by all means do so. Despite how the "angelic beings" of this forum feel, you aren't doing any dis-service or causing a personal grievance to them by exercising your right to a trial.


I believe for BAC violation, the first offense is just a 1 month prohibition.
Also, because the officer was kind enough to issue a 12-hour roadside license suspension, and to be eligible to exit from your Novice driving stage you need 24 months of prohibition free driving, I believe(?), you would be ineligible to take your Class 5 road test.

These cases are different from regular ticket + point prohibitions, because the normally points are not registered until proven guilty, whereas in a BAC situation the actual first prohibition takes place the moment the officer utilizes their power of judge, jury and executioner and issued the IRP 12/24H

[jlenko]

And there is what's wrong with people nowadays... taking advantage of the system.

It's like this old gal who drove drunk and ran down (and killed) that 4 year old girl. She's clearly guilty... but refuses to take accountability for her actions.. now she's disputing the charge.

Why? Because she can. The courts are jammed with people fighting stuff they are guilty of. Damn waste of our taxpayers money... but everyone seems to forget that.

The laws in this country SUCK! And those who abuse them suck even more. Time to bring back capital punishment... eye for an eye, I say!!

[sho_bc]

I dunno... In some situations, I will tell the people I pull over to dispute the fine amount in an effort to reduce the fine and make note of that in my notes. It all depends on the situation that led up to the traffic stop as well as the behaviour/attitude of the driver.

[baggdis300]

Lol my first ticket was dismissed by the officer(before speaking to judge) because I didn't show any attitude and that my record was clean prior to that ticket
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[devchub]

I’m not disputing the ticket because I don’t want to admit that I was in the wrong. I am accepting this fine and I will pay for it because like I mentioned in my post, bottomline I did have alcohol in my system. The main reason that I would dispute it is so I can somehow not receive the suspension. But as of now, I may just write an appeal to the Superintendent when/if the letter does come.

And now.. jlenko.. I think you are directing your anger to the wrong people. You are almost bashing everyone who drinks any bit of alcohol and uses a vehicle. In no way am I saying I approve with drinking and driving but what you say to other people is a quite harsh. I am sorry that you lost friends to drunk drivers, and that’s why they are called “drunk drivers”, not sober drivers that have a tiny amount of alcohol in their system or someone who owns a Class 5 and blows a 0.03-0.04 BAC level. Direct your anger to people who know they can’t and should not be using a vehicle because of their alcohol intake. Why is that we are allowed a 0.5-0.8 BAC level with a Class 5 then?

It is up to a cop’s discretion to suspend someone or give them a violation ticket for a particular action. Sometimes you get a lenient cop and sometimes you get a hard cop. If there was a same situation, but the cop said, “I’ll let you off this time, you have a clean record of 3 years of your N, and you’re eligible of your Class 5 already. Just don’t do it again.” What would you say to that? Should that cop be fired because he let someone with a bit of alcohol in their system go? Oh hey look, there’s someone with a BAC level of 0.021 and he/she is still on the road! If I had a Class 5 – I would still be on the road after blowing into that breathalyzer.

Anyway, I already know what I need to do and have already begun the process and everything has worked out. Thank you for your responses.

[sho_bc]

Originally Posted by devchub

And now.. jlenko.. I think you are directing your anger to the wrong people. You are almost bashing everyone who drinks any bit of alcohol and uses a vehicle. In no way am I saying I approve with drinking and driving but what you say to other people is a quite harsh. I am sorry that you lost friends to drunk drivers, and that’s why they are called “drunk drivers”, not sober drivers that have a tiny amount of alcohol in their system

They're called "Impaired drivers" because the alcohol impairs your ability to drive. Just because you're not drunk, does not mean you're not impaired.

Originally Posted by devchub

Why is that we are allowed a 0.5-0.8 BAC level with a Class 5 then?

You're not.

Originally Posted by devchub

It is up to a cop’s discretion to suspend someone or give them a violation ticket for a particular action. Sometimes you get a lenient cop and sometimes you get a hard cop. If there was a same situation, but the cop said, “I’ll let you off this time, you have a clean record of 3 years of your N, and you’re eligible of your Class 5 already. Just don’t do it again.” What would you say to that? Should that cop be fired because he let someone with a bit of alcohol in their system go? Oh hey look, there’s someone with a BAC level of 0.021 and he/she is still on the road!

I would say that cop shouldn't be a cop, or needs some serious re-training. Anyone with a class 7 licence in BC is not allowed ANY alcohol in their system while operating a motor vehicle. If you provide anything other than a "000" reading, you get an immediate suspension. The only discretion allowed by the officer would be whether or not to impound the vehicle, or let a properly licenced and sober driver to drive it away.

Originally Posted by devchub

If I had a Class 5 – I would still be on the road after blowing into that breathalyzer.

If you had a class 5 licence, you wouldn't have had this problem. But you don't, and you do.

[gars]

JLenk is upset, as am I, not because you had a bit of alcohol, but because people are disputing tickets when they shouldn't be. To be honest with you, I don't think there is a way for you to get out of the suspension. The only thing I can see you really do, is to dispute the fine - that way, you can get your class 5 in the meantime. The only good thing to come out of that is when your suspension is finished, you will not have to go through the minimum time period with your Class 7 anymore.

My gripe is with people who expect a mercy warning from Police Officers. They're not purposely difficult to you when they issue a ticket. It is their job. You can't expect an officer to issue you a warning if you are actually wrong - no matter what your driving history is. Say if you get pulled over along with another car, and you both were going the same speed. If the other guy has no tickets on his record, but you have a few minor infractions, would you be upset that he gets off with a warning and you with a ticket?

And the fact that you're upset with the fact that you were ticketed even with a low amount of alcohol means nothing. Even you said that you don't have much experience drinking alcohol - which worries me even more. I know plenty of people who feel intoxicated after one drink, and should not be driving - even if their BAC might under 0.05. The GLP is a learning process - if you felt like you were capable of having a beer, then you should have taken your class 5.
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[sho_bc]

I would also like to bring forward the fact that if you blew a 0.02 BAC, 2-3 hours after you had the "one drink", it must have been one hell of a large/strong drink.

[zulutango]

Considering that the average body will process an average drink per hour, I have the same question? I also wonder if your DL was missing the "zero alcohol" restriction printed on the back ?

[jlenko]

Originally Posted by devchub

And now.. jlenko.. I think you are directing your anger to the wrong people. You are almost bashing everyone who drinks any bit of alcohol and uses a vehicle.

No, I'm directing my anger at you - you know damn well you're not supposed to drink ANYTHING and drive and you did. Now you're going to abuse the system to avoid punishment.

You suck buddy... I hope you lose your licence forever. I know it'll never happen, but I feel pretty good being a e-thug.

Suck it up, princess.


EDIT: And, you don't have the balls to use your regular RS account to post this, because you're embarrassed.. or just a pussy, or a shit-disturber. Your pick!

[- kT]

Originally Posted by devchub

I’m not disputing the ticket because I don’t want to admit that I was in the wrong. I am accepting this fine and I will pay for it because like I mentioned in my post, bottomline I did have alcohol in my system. The main reason that I would dispute it is so I can somehow not receive the suspension.

so you've admitted that you're wrong, but you're unwilling to accept the punishment for being wrong?

[jlenko]

Originally Posted by - kT

so you've admitted that you're wrong, but you're unwilling to accept the punishment for being wrong?

Exactly! And that is what is wrong with society nowadays.

You, and everyone like you, have ruined Canada. Taking advantage of our laws. I hope karma fucks you up the ass raw!

[sebberry]

The language and level of maturity around here smells of High School.

...

sho_bc.. why would you bother wasting everyone's time (including the clogged up courts) by encouraging the criminal to dispute the charge?

[sho_bc]

First off, these people wouldn't be criminals. Transgressors of the Motor Vehicle Act, yes, but not criminals.

An example of someone I *might* suggest it to, would be someone with insurance that expired a few hours earlier but had to stay extra hours at work and wasn't able to get to the autoplan agent on time. I would likely have done the same (agree to a lower fine amount) when/if they disputed and it came to court. If people are uncooperative, rude, etc, I won't make that offer roadside or in court.

I'm a nice, reasonable guy. If someone is experiencing financial hardship and recognizes they screwed up (and admits to it), I'm all for giving them a bit of a financial break either roadside where possible (ex. speeding fine for 1-20 over instead of 21-40 over if they're not much higher) or in court where I'm not able to roadside (ex. expired insurance tickets).

I can promise you that these people don't think its a waste of time.
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[InvisibleSoul]

Why is the 0% BAC restriction in place for N drivers? To prevent inexperienced drivers from being impaired even in the slightest by alcohol, which is fair.

The thing in this case here is that devchub isn't an "inexperienced" driver... he's just a lazy driver that hasn't bothered to get his full Class 5.

Is there any reason to believe he's less capable of handling 0.02% BAC than someone else that's been driving for three years that has a Class 5? Nope.

So essentially, he may be getting his license suspended for three months for being lazy. That's what it boils down to.

Did he break the rules? Of course, and he's not disputing it. However, based on the circumstances, I don't think it's necessarily fair for it to warrant a three month suspension because of it.

If it were me, I would personally plead my case with the judge or whatever with this argument and hope they agree with the reasoning.

This is helpful for me too... because I'm definitely going to urge my wife to go get her full Class 5 to avoid a situation just like this.

Her case is basically just a more extreme example of this one.

She has been an Class 7 N driver for TEN YEARS now. Heck, she's even had her motorcycle Class 8 for like 7-8 years. She's never been in an accident, and I don't think she's ever gotten any tickets.

But would she still be treated like an inexperienced driver if she hits a roadblock with even the slightest trace of alcohol in her body? Yep. Should she be? Nope. Is it her fault for being lazy? Yep. Does it mean she should be punished to the fullest extent of the law?

The last question is what the whole situation boils down to. If there is any leniency by discretion, I think it should definitely be applied here.