REVscene - Vancouver Automotive Forum

nars · 01-27-2011, 11:00 PM

I got a 24 hour suspension because the passenger in my car had a joint on him. The cop said I was under suspicion for driving after smoking . I didn't smoke anything before driving. The cop said they have suspicion because my eyes were a little red but the only reason for that was i took a nap before i picked up my friend. the cop told me the only way out of the 24 hour suspension was to take a blood test and i said i would but she said its not worth her time. since i have my "N" i got a letter in the mail saying my license is suspended for 4 months. is there any way i can avoid getting the 4 month suspension. should i write the application for review ? if i should what should i write in it ?

zulutango · 01-28-2011, 06:26 AM

Remember a certain Olympic snowboarder who was affected by "sidestream smoke" at a party he attended...wonder why that didn't spring to mind? Heck, they even named a doper park after him at Whistler.

If you wish to contest the suspension then you should follow the procedure listed on the suspension paperwork served on you at the time. The Police file will list the circumstances and the evidence they had to suspend your DL. If you can convince the MVB that the Police were wrong, the MVB can lift the suspension. That's the Cole's notes version for you.

Soundy · 01-28-2011, 06:50 AM

So... cop tells you you can avoid suspension by taking a blood test...
You agree to it...
Cop then tells you it's not worth her time to deal with it.

Sounds like a good out to me: the cop gave you an option to prove your innocence, you asked to do it, and she then denied you that chance.

TheNewGirl · 01-28-2011, 07:32 AM

You can contest, ICBC may shorten or remove the suspension.

Keep in mind though, as far as the law is concerned having open alcohol in your vehicle = drinking and driving even if you are not drinking it yourself. Having access to narcotics while operating your vehicle regardless of where they were located inside of the car, could reasonably be treated in the same light. Furthermore, your car is your possession, having illegal narcotics in your vehicle could be considered by ICBC a violation of your 'we don't cover your ass while you're braking the law' clause and they could hold the suspension on those grounds as well.

Soundy · 01-28-2011, 08:42 AM

How would the passenger holding a blunt equate to "open alcohol" though? If it's in his pocket and hasn't been lit, that would be more akin to an unopened bottle. OP doesn't give enough info as to whether the passenger was smoking or just carrying.

sho_bc · 01-28-2011, 09:47 AM

Quote:

Originally Posted by TheNewGirl

You can contest, ICBC may shorten or remove the suspension.

Keep in mind though, as far as the law is concerned having open alcohol in your vehicle = drinking and driving even if you are not drinking it yourself. Having access to narcotics while operating your vehicle regardless of where they were located inside of the car, could reasonably be treated in the same light. Furthermore, your car is your possession, having illegal narcotics in your vehicle could be considered by ICBC a violation of your 'we don't cover your ass while you're braking the law' clause and they could hold the suspension on those grounds as well.

Having open liquor in a vehicle does not equal drinking and driving, especially when the driver isn't drinking it themselves.

TheNewGirl · 01-28-2011, 10:44 AM

Quote:

Originally Posted by sho_bc

Having open liquor in a vehicle does not equal drinking and driving, especially when the driver isn't drinking it themselves.

From the solicitor general:

Quote:

Open liquor in a motor vehicle must not be readily accessible to anyone in the motor vehicle. Passengers are not permitted to consume alcohol in a moving vehicle.

Legalese:

Quote:

Liquor in motor vehicle

44 (1) In this section:

"motor home" has the same meaning as in the Motor Vehicle Act;

"motor vehicle" has the same meaning as in the Motor Vehicle Act, and includes an all terrain vehicle as defined in the Motor Vehicle (All Terrain) Act.

(2) Subject to subsection (3), a person must not drive or otherwise exercise control over the operation of a motor vehicle, whether or not it is in motion, while there is liquor in the person's possession or in the motor vehicle.

(3) Subsection (2) does not apply

(a) if the liquor is in a container that is unopened and has an unbroken seal,

(b) if the liquor is being transported or used in accordance with a licence issued under this Act, or

(c) in any other case, if the motor vehicle

(i) is a motor home and the liquor is kept in a cabinet away from the driver's area,

(ii) is a station wagon or hatchback and the liquor is behind the rear seat, whether or not that seat is in an upright position,

(iii) is a pickup truck and the liquor is in an exterior compartment, a space designed for the carriage of baggage or parcels or any other location that is not readily accessible to any person in the motor vehicle,

(iv) is a motorcycle and the liquor is not readily accessible to the operator, or

(v) is not one referred to in subparagraphs (i) to (iv) and the liquor is in the trunk or space designed for the carriage of baggage or parcels.

You can get a suspension for having open alcohol in the cab part of your vehicle where any one in your vehicle can readily consume it. I have known people who have gotten ticketed and suspended for as much before.

On someone's person qualifies for that.

Another important note -

What were you doing that the officer pulled you over and searched you in the first place to find the joint on your friend?
Also you said you had your N? Do you have any prior infractions?

sho_bc · 01-28-2011, 11:44 AM

Your interpretation is slightly skewed, or perhaps your definition of "drinking and driving" is very different from the more common one of the driver of the vehicle drinking/having consumed alcohol.

The driver of a vehicle can not be suspended simply because a passenger is consuming alcohol. The person consuming/in possession of that open liquor can be issued with a ticket for that offence.

The only time a driver would be given a roadside suspension would be if there are grounds to believe that the driver has recently consumed alcohol and that his ability to operate a motor vehicle may be impaired by that consumption.

To serve a 24hr Suspension (alcohol) without using an ASD, there must be signs and symptoms consistent with the consumption of alcohol. One symptom on its own is frequently not enough for the Motor Vehicle Branch, but the totality of the situation, signs and symptoms will be if they are there.

Using an ASD, well, you get the reading and its pretty straight forward. You either get the numbers (below 60mg% now), the WARN (60-100mg%) or the FAIL (100mg% or higher).

Again, just because someone in your car has open liquor, doesn't mean you as a driver are a) drinking and driving, or b) getting your licence suspended.

nars · 01-28-2011, 03:01 PM

Quote:

Originally Posted by TheNewGirl

Another important note -

What were you doing that the officer pulled you over and searched you in the first place to find the joint on your friend?
Also you said you had your N? Do you have any prior infractions?

I was driving heading downtown at 1am . Didn't do anything wrong . We stopped by 49th and fraser . police randomly came up to us when we weren't in the car and asked us what we were doing . Then searched us . And found a littler bit of bud my friend had . They then gave me a 24 hour suspension when we told them he was blazing with his girlfriend at his house before I picked them up . All the cop said was its her word against mine and its more likely ppl will take her word . She told me I could either take the 24hr suspension or go to jail so obviously I'd go with her giving me the 24 hour suspension. I also got a ticket for having an extra passenger even though I wasn't driving at the time . I have no other prior tickets but a similar incident happened before when I picked up a friend from a party who had been blazing and when we went through a roadblock they smelt it and said it was suspicion that I had been smoking too . But this time there was no proof whatsoever . It didn't smell or no proof in any way . They also asked me to do a breathalizer which was 0 alcohol. They only said my eyes were a little glossy . But I had been sleeping for the past 7 hours before I went to pick up my friend .
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MrGoodbar · 01-28-2011, 03:41 PM

Quote:

Originally Posted by nars

I was driving heading downtown at 1am . Didn't do anything wrong . We stopped by 49th and fraser . police randomly came up to us when we weren't in the car and asked us what we were doing . Then searched us . And found a littler bit of bud my friend had . They then gave me a 24 hour suspension when we told them he was blazing with his girlfriend at his house before I picked them up . All the cop said was its her word against mine and its more likely ppl will take her word . She told me I could either take the 24hr suspension or go to jail so obviously I'd go with her giving me the 24 hour suspension. I also got a ticket for having an extra passenger even though I wasn't driving at the time . I have no other prior tickets but a similar incident happened before when I picked up a friend from a party who had been blazing and when we went through a roadblock they smelt it and said it was suspicion that I had been smoking too . But this time there was no proof whatsoever . It didn't smell or no proof in any way . They also asked me to do a breathalizer which was 0 alcohol. They only said my eyes were a little glossy . But I had been sleeping for the past 7 hours before I went to pick up my friend .
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dude, you need to drop your stoner friends and find some smarter ones who don't fuck you over with their shit. it seems like their habits are pulling you down wih them.

MindBomber · 01-28-2011, 03:59 PM

The ticket sounds appropriate and I can't see you having your suspension either being reduced or canceled seeing as you have a history of being pulled over at night exhibiting signs that you have been using marijuana; glassy eyes, odor, red eyes and marijuana has been found in your vehicle.

I also find it very unlikely the officer casually decided to pull up and chat with you while you were sitting in your car with two other people at 1am and decided to search you, more likely you hot boxing and when she approached the vehicle there there was a strong enough odor to arouse suspension that warranted a search.

You got busted, don't whine about it just accept the consequences and learn from your mistakes.

Quote:

Originally Posted by nars

I was driving heading downtown at 1am . Didn't do anything wrong . We stopped by 49th and fraser . police randomly came up to us when we weren't in the car and asked us what we were doing . Then searched us . And found a littler bit of bud my friend had . They then gave me a 24 hour suspension when we told them he was blazing with his girlfriend at his house before I picked them up . All the cop said was its her word against mine and its more likely ppl will take her word . She told me I could either take the 24hr suspension or go to jail so obviously I'd go with her giving me the 24 hour suspension. I also got a ticket for having an extra passenger even though I wasn't driving at the time . I have no other prior tickets but a similar incident happened before when I picked up a friend from a party who had been blazing and when we went through a roadblock they smelt it and said it was suspicion that I had been smoking too . But this time there was no proof whatsoever . It didn't smell or no proof in any way . They also asked me to do a breathalizer which was 0 alcohol. They only said my eyes were a little glossy . But I had been sleeping for the past 7 hours before I went to pick up my friend .
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nars · 01-28-2011, 04:25 PM

Quote:

Originally Posted by MindBomber

The ticket sounds appropriate and I can't see you having your suspension either being reduced or canceled seeing as you have a history of being pulled over at night exhibiting signs that you have been using marijuana; glassy eyes, odor, red eyes and marijuana has been found in your vehicle.

I also find it very unlikely the officer casually decided to pull up and chat with you while you were sitting in your car with two other people at 1am and decided to search you, more likely you hot boxing and when she approached the vehicle there there was a strong enough odor to arouse suspension that warranted a search.

You got busted, don't whine about it just accept the consequences and learn from your mistakes.

I wasn't even sitting in the car . We were on the sidewalk near the bank . And its not unususl for cops to stop to talk to kids when its late at night . It happens often .
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baggdis300 · 01-28-2011, 05:59 PM

it seems you're not telling the whole truth...

that and you obviously made a new account to post this...

so hahaha you kno what that means

nars · 01-28-2011, 08:28 PM

Yeah made an account cuz I can't post if I don't have an account ..
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BallPeenHammer2 · 01-28-2011, 09:58 PM

Ok, seriously, guys, be objective.

The guy is here for facts. Not to get flamed because you guys THINK he's a bad person.

I've been in the same scenario a few times. I've just never been searched. and I'm not a user.

If you have any tickets, and it has not been 30 days, I would dispute them.

I would also lay out the evidence and ask the police for disclosure information this file and write a report to ICBC. If you did not smoke, and there was no evidence, then the ticket is pretty bullshit, considering the joint was found on someone else.

I would've done a blood test anyway, but it looks like you might want to consult a lawyer to see what you can do.

I'm not saying you're telling the whole truth, nor am I accusing you of lying. But if you are innocent, then unfortunately you must prove it. I would fight it. Some PO are really just not fit for duty. I see it all the time.

Soundy · 01-28-2011, 10:39 PM

Quote:

Originally Posted by Soundy

So... cop tells you you can avoid suspension by taking a blood test...
You agree to it...
Cop then tells you it's not worth her time to deal with it.

Sounds like a good out to me: the cop gave you an option to prove your innocence, you asked to do it, and she then denied you that chance.

This.

zulutango · 01-29-2011, 07:47 AM

Unless the laws have changed the Police do not give you a blood test..they can test you on the ASD or back at the office on the Datamaster. If you want a blood test done then it is up to you to do it yourself then go thru the process of getting it admitted in court...things like lack of contamination, continuity, proof of who gave the blood...that sort of thing. The only way Police do a blood test is if a driver is medically unable to give a breath sample...and the blood is drawn by a doctor or nurse who is trained to do so.

BTW...IF you had done a blood test and had experienced any "sidestream pot smoke"....like Ross R found out, it will show in your blood.

lowda9 · 01-29-2011, 09:51 AM

wow 4 months for that seems very long. I was arrested for dui last year and my license got suspended for 3 months!! good luck.

TSX604 · 02-16-2011, 05:16 PM

Are their such things as "dirty cops" in Vancouver? Just wondering, because I hear that there are dirty cops in vancouver that do dirty things as a police officer. Example: pulling over dealers, taking away there money and dope. Then releasing them without charges. Wtf?!?

Soundy · 02-16-2011, 06:44 PM

Yes, yes there are... and they're coming after YOU.

ali36 · 02-16-2011, 07:17 PM

This might help you a bit depending if your already suspended or pending a suspension.

I got a speeding ticket back in 07 disputed it. Paid it when I got my court date like years later ( big mistake ). Then I got a letter saying there going to suspend me a week after I paid the ticket. I managed to book a class 5 test 2 days later in abbotsford, passed and then wrote a letter saying I passed and was a good driver and needed my automobile license to work and pay for school as I was a student ( i provided recommendation letters from my boss and showed proof that I need my license to work ). They approved my letter but put me on probation for 6 months. So all in all I didnt get suspended but I was put on probation which is a lot better than being suspended.

xilley · 02-17-2011, 02:11 AM

i dont think they would even go through the process of booking you in the station for a blood sample, i received one after my court case was closed.
but if your telling the truth and your innocent, i m pretty sure you can go to court and work something out

also if the blood test comes out, and if you have smoked it a couple days before it or a week*not on the date of incident*, it will still show you have it in your system, not like they can tell you which date you had this in your system, so the cop will most likely fuck you over for that easily