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Police Forum Police Head Mod: Skidmark
Questions & info about the Motor Vehicle Act. Mature discussion only.

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Old 07-23-2011, 03:21 AM   #1
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DUI ticket. 90 day prohibition. Dispute question.

If I dispute this ticket will I get my licence back until the court date at least? I was an N driver and I blew a fail.

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Old 07-23-2011, 03:24 AM   #2
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lol got hit by the roadblock on cambie or granville?
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Old 07-23-2011, 03:28 AM   #3
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lol got hit by the roadblock on cambie or granville?
yes sir. any advice cuz im fucked.
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Old 07-23-2011, 03:36 AM   #4
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IRP / 90-day Immediate Driving Prohibition

A 90-day IRP driving prohibition (Immediate Driving Prohibition) is issued at the roadside by a peace officer who alleges that a driver has provided a sample to an Approved Screening Device that then registered a "fail" reading. The prohibition begins immediately and the driver's vehicle is impounded. The duration of the prohibition is 90 days. The impound duration is 30 days. There is a monetary penalty of $500, in addition to the towing and storage charges. As well, anyone served an IRP must enroll in and complete the Responsible Driver Program ($880 plus $105.60 tax), they cannot drive until the 90-day period has expired, they have paid a $250 license reinstatement fee and had an alcohol interlock device installed in their vehicle ($1730 plus $207.60 tax).

YOU CAN CHALLENGE the 90-day IRP driving prohibition, but you must file your Application for Review within 7 days of being served the Notice. The review fee paid to ICBC is $200 for an oral hearing.

To challenge the driving prohibition you should first speak with a driving lawyer so the lawyer can help you with the paperwork and pick a date for the hearing. Then the Application for Review must be filed at an ICBC Driver Services Center.

If you are successful on the IRP review hearing, you are permitted to obtain a driver's license at the earliest opportunity, your vehicle is released and the towing and storage charges are paid for by the government up until the day the successful review decision is issued.

as per 90-day Driving Prohibitions - BC Law Firm handling IRP cases

More resources: http://www.pssg.gov.bc.ca/osmv/publi...rohibition.pdf

Want my opinion? Don't fight it, cause you fucked yourself right when you got into your car tonight. I'm not going to bang on you for it cause everyone makes stupid decisions and it looks like you know you fucked up bad, or atleast are about to find out how bad soon. So roll with the punches, suck it up, pay the fees and do the 90 days. It'll just be a harsh learning experience, and hopefully you'll do well to not make the same mistake again. Anyways, best of luck to you.
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Old 07-23-2011, 03:37 AM   #5
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You fucked up.

You can't dispute it, and there's no point. You're going to lose your license since you blew a fail with your N.

Live with it.
Next time, make someone else drive you when you decide to go out and get smashed.
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Old 07-23-2011, 03:50 AM   #6
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Completely understand I fucked up. However I am still in question about the Responsible Driver Program, do I have to enroll in this after the 90 days? Or can I simply pay the reinstatement charges?
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Old 07-23-2011, 03:54 AM   #7
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If you had your class 5 i think you would have a chance (small if at all) but since N clearly states you cannot have any alcohol... so sorry man i really think you gotta tough this one out

did the breathalyzer show ur BAC? or did it just show a fail?
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Old 07-23-2011, 03:59 AM   #8
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If you had your class 5 i think you would have a chance (small if at all) but since N clearly states you cannot have any alcohol... so sorry man i really think you gotta tough this one out

did the breathalyzer show ur BAC? or did it just show a fail?
Simply showed a fail.
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Old 07-23-2011, 04:18 AM   #9
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Simply showed a fail.

The only time I have heard of somebody getting out of this is when my friend blew a fail and they ticketed and suspended him for refusing the breathalyzer instead. He appealed on the grounds that he actually failed it and did not refuse it, they gave him his license and paid his impound fees and gave him his car back.
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Old 07-23-2011, 10:01 AM   #10
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If I dispute this ticket will I get my licence back until the court date at least? I was an N driver and I blew a fail.
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yes sir. any advice cuz im fucked.

awesome story and no pics !!!!!!!!!!!!!!!!
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Old 07-23-2011, 10:07 AM   #11
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Sorry dude this is the hardest way to learn. Don't drink and drive. I'm not a saint, I did it once too. I got caught with a warning, I've never ever done it after that. It's not worth it. All the best man
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Old 07-23-2011, 11:02 AM   #12
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Yeah man that's rough. At least you learned =).
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Old 07-23-2011, 11:07 AM   #13
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you sir are shit out of luck since u have an N class 5 different story...
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Old 07-23-2011, 12:45 PM   #14
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If you have your N and get suspended for a period such as 90 days... You will need to restart your N all over again for 2 years.

You fucked up for sure.
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Old 07-23-2011, 12:48 PM   #15
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The only time I have heard of somebody getting out of this is when my friend blew a fail and they ticketed and suspended him for refusing the breathalyzer instead. He appealed on the grounds that he actually failed it and did not refuse it, they gave him his license and paid his impound fees and gave him his car back.
i dont get it
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Old 07-23-2011, 12:50 PM   #16
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Old 07-23-2011, 01:06 PM   #17
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Has anyone used this law group? Drinking Driving, DUI, Immediate Roadside Prohibitions IRP in British Columbia

I called them, they said they will give me a legal opinion on this matter and possibly get it off my record.
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Old 07-23-2011, 01:44 PM   #18
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How exactly do you plan to dispute the charges???

You drink, You drive, You got caught....

Now with the new law in place and you have an N.... Whatever you say in front of the judge is going in one ear and out the other...

You could hire a lawyer to see what they say.. some are good with DUI..
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Old 07-23-2011, 01:51 PM   #19
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I thought the new law or something was passed that even class 5's can't have any alcohol?
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Old 07-23-2011, 02:10 PM   #20
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The only way is to get a lawyer. Its always a mixed result, the only way the lawyers can get you out of this is to prove that the officer's procedure or his equipment is flawed, or you blowing a fail is due to "mouth alcohol". (to my understanding, they did not pull you into the station for the blood test)

Edit: nevermind, what I said would only apply if you had a class 5, but with an N, you are supposed to have 0.

qmx323, 0.5 is the warn level after the new laws. anything before generally your ok.

Rule of thumb, just dont do it, really not worth it, but its too late to look back. Life happens and at least your alive and so is everyone else on the road with you that night.

Last edited by DavidYeh; 07-23-2011 at 02:22 PM.
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Old 07-23-2011, 02:13 PM   #21
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Old 07-23-2011, 02:22 PM   #22
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I'm surprised this isn't in the police forum.
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Old 07-23-2011, 02:47 PM   #23
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this is gonna stick with you for a while, with the penalties points and premiums on your list man, i went through this and it was effin rough. bus passes are gonna be your saviour from now on.
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Old 07-23-2011, 02:47 PM   #24
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Anyone know a good cab driver? Going to need a personal cab now -____-

Thanks for the responses guys.
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Old 07-23-2011, 03:08 PM   #25
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Also going through this. I just hope it doesn't affect future jobs. Stupid bitch made me drive. I was in the wrong but paid ticket
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