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Questions & info about the Motor Vehicle Act. Mature discussion only. |
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11-05-2012, 10:04 PM
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#1 | | NOOB, Not Quite a Regular!
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| Driving while prohibited?
Well I am wondering what will happen when you get caught driving while your suspended? like is there a specific penalty or does it just go through court?
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11-05-2012, 10:12 PM
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#2 | | Throw yo paws in da air!
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googled it and came up with this
"ff you operate a motor vehicle while you have been prohibited from doing so by the Superintendent of Motor Vehicles or the Court, you may be charged with driving while prohibited under the Motor Vehicle Act or driving while disqualified under the Criminal Code. Each of these offences carries a mandatory minimum penalty of a $500 fine and a one-year driving prohibition for a first conviction. If you have a previous conviction for one of these offences on your record, you may also face a mandatory 14-day jail sentence along with an increased fine and lengthier driving prohibition if convicted again."
this is on some lawyer website from BC
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11-05-2012, 10:14 PM
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#3 | | #savethemanuals
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There you go. Google next time ok?
95 (1) A person who drives a motor vehicle on a highway or industrial road knowing that
(a) he or she is prohibited from driving a motor vehicle under section 91, 92, 93, 94.2, 215, 215.43 or 251 (4)
(b) [Repealed 2010-14-10.]
commits an offence and is liable,
(c) on a first conviction, to a fine of not less than $500 and not more than $2 000 or to imprisonment for not more than 6 months, or to both, and
(d) on a subsequent conviction, regardless of when the contravention occurred, to a fine of not less than $500 and not more than $2 000 and to imprisonment for not less than 14 days and not more than one year.
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11-05-2012, 10:15 PM
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#4 | | private modder
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You have to go to court. Minimum $500 fine, longer suspension, criminal record and possibly jail.
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11-05-2012, 10:21 PM
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#5 | | Revscene.net has a homepage?!
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do it and find out
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11-06-2012, 03:21 AM
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#6 | | Rs has made me the man i am today!
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Your vehicle will also get a mandatory 7 day impound, unless you're driving a stolen car. If you're a repeat prohib driver, the OSMV will likely extend the impound to 30 days.
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11-06-2012, 02:14 PM
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#7 | | I contribute to threads in the offtopic forum
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My friend was suspended for speeding so often, he was a moron and continued driving. He got impounded, + fine, + 1 yr suspension.
He did it again while still suspended, got impounded again for a month, bigger fine, plus had to serve a couple weeks of minimum security jail, 10 year suspension.
So he then moved DT, found a job dt and basically stopped driving. He eventually got it appealed after 7-8 years and got his license back.
Moral of story. If you're suspended, don't drive. You get into an accident or someone gets into an accident with you and you will be liable. If you're an irresponsible driver, you get pulled off the road. You can try to fight it in court and spend thousands to try and appeal it. If it's a first time, and you have a very good reason why you need a car then the judge may show you some leniency. But you would need a VERY good reason.
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11-10-2012, 04:55 AM
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#8 | | I answer every Emotion with an emoticon
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lol doing something illegally.. what do you think will happen..
its like asking, Will I go to jail if I run a grow op  | |
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11-10-2012, 08:23 AM
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#9 | | Rs has made me the man i am today!
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| Quote:
Originally Posted by FerrariEnzo  lol doing something illegally.. what do you think will happen..
its like asking, Will I go to jail if I run a grow op | Actually if you don't have much of a background, you'll be released on paper...
but try it in the states  | |
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11-10-2012, 01:03 PM
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#10 | | My homepage has been set to RS
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Do it, just don't get caught driving reckless again
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11-11-2012, 10:23 PM
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#11 | | Ready to be Man handled by RS!
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| Quote:
Originally Posted by FerrariEnzo lol doing something illegally.. what do you think will happen..
its like asking, Will I go to jail if I run a grow op | unless you got a permit.
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07-02-2013, 12:31 PM
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#12 | | Rs has made me the man i am today!
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bumping up an old thread.
my buddy has had to many speeding tickets, got his license suspended and was told to hand his license in to icbc.
hes still driving despite that we've told him not to, but he keeps saying "they haven't asked for my license back yet, so until they do im allowed to keep driving".
just to be clear, if hes caught, hes getting a 500$ ticket, 7 day impound, and 1 year suspension?
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07-02-2013, 12:40 PM
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#13 | | OMGWTFBBQ is a common word I say everyday
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^^^Pretty much.
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07-02-2013, 12:42 PM
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#14 | | #savethemanuals
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| Quote:
Surrendering your licence
Once you have received a notice of suspension, you must surrender your licence to ICBC at a driver licensing office or to the officer who issued your suspension. You can also mail it to us at:
ICBC Licensing Programs
Box 3750
910 Government Street
Victoria, BC
V8W 3Y5
| If he's received the notice of suspension he should turn it in.
The consequences if he drives while suspended are Quote:
Driving while prohibited or while your driver's licence is suspended is a criminal offence. If you're convicted of driving while prohibited, even if it is your first offence, you will be prohibited for at least 12 months. In addition, you will face fines and possible jail time:
On a first conviction – there is a fine from $500 to $2,000 and the possibility of imprisonment for up to six months, or both (court ordered).
On a subsequent conviction – regardless of when the contravention occurred, the fine is $500 to $2,000 and 14 days to one year of imprisonment (court ordered).
Your vehicle will be impounded – Even if the vehicle you're caught driving is not yours, it will be impounded. Towing and storage costs will be charged to the owner of the vehicle. The impoundment periods are:
7 days for 1st infraction
30 days for the 2nd infraction
60 days for the 3rd infraction
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07-02-2013, 12:55 PM
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#15 | | Even when im right, revscene.net is still right!
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| Quote:
Originally Posted by stewie bumping up an old thread.
my buddy has had to many speeding tickets, got his license suspended and was told to hand his license in to icbc.
hes still driving despite that we've told him not to, but he keeps saying "they haven't asked for my license back yet, so until they do im allowed to keep driving".
just to be clear, if hes caught, hes getting a 500$ ticket, 7 day impound, and 1 year suspension? |
Theres no ticket. I did the same thing where I drove until I got pulled over. They gave me a letter to sign stating forfeiture of license. So my suspension started that date the officer took my license. I had a friend with me who drove the vehicle afterwards. Note this was 10 years ago though.
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07-02-2013, 12:58 PM
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#16 | | Rs has made me the man i am today!
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| Quote:
Originally Posted by Energy If he's received the notice of suspension he should turn it in.
The consequences if he drives while suspended are | thank you! now I can show him this!
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07-02-2013, 08:05 PM
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#17 | | RS Peace Officer
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Tell him also that his insurance coverage is not valid and he will pay 100% of all costs in as he is not insured.
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07-02-2013, 10:34 PM
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#18 | | I help report spam so I got this! <--
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| Quote:
Originally Posted by zulutango Tell him also that his insurance coverage is not valid and he will pay 100% of all costs in as he is not insured. | Yup, only need to tell him this. He will turn in his license immediately.
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07-03-2013, 01:14 AM
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#19 | | To me, there is the Internet and there is RS
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| Quote:
Originally Posted by stewie bumping up an old thread.
my buddy has had to many speeding tickets, got his license suspended and was told to hand his license in to icbc.
hes still driving despite that we've told him not to, but he keeps saying "they haven't asked for my license back yet, so until they do im allowed to keep driving".
just to be clear, if hes caught, hes getting a 500$ ticket, 7 day impound, and 1 year suspension? | If he has not handed in his license his suspension has not started. If he gets caught the officer will take away his license his and his suspension will start. The officer will give him enough time to get his car back home. I have heard of people who have there license suspended for 3 months wait 2 months and then send in there license with the form singed dated 2 months back so they only don't drive for 1 month.
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07-03-2013, 04:17 AM
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#20 | | RS Peace Officer
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If they have been served a letter of suspension (& I believe that you say he was) then the suspension started on that date. The fact he didn't turn in the actual DL does not halt the process. When he signed for the registered letter with his suspension notice in it the clock started ticking. If he did not pick the letter up then if he gets stopped MVB tells Police to serve the suspension notice at roadside, seize the DL and possibly give him a temp DL to get home....but that is up to the discretion of the Cop. I never did give this "break", specially if the driving history was bad. Your car got towed and you found a friend to pick you up. They broke the rules enough to get prohibited, got caught, tried to circumvent the process and got what was coming to them. ....finally.
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07-03-2013, 09:06 AM
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#21 | | 14 dolla balla aint got nothing on me!
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Do your friend a favour and call the police next time he is driving while prohibited  | |
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07-03-2013, 10:41 AM
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#22 | | My bookmarks are Reddit and REVscene, in that order
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| Quote:
Originally Posted by zulutango Tell him also that his insurance coverage is not valid and he will pay 100% of all costs in as he is not insured. | If he's driving while prohibited, then he's not covered by insurance.
If he's not covered by insurance, then any damage to his car, himself, others and property will all be coming out of his pocket.
If he's not covered by insurance, and the other party is, then it's ICBC vs an uninsured motorist.
If I had ICBC on my side and he didn't, then ICBC will essentially be dishing out the nastiest, most "i'm entering you dry", "don't scream or it's going to hurt more" kind of rape known to man.
He's quite likely to just empty his entire bank account and then some.
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07-03-2013, 04:44 PM
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#23 | | RS Peace Officer
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Some say....(Stig reference)......he may have it coming!
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07-20-2013, 02:57 AM
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#24 | | RS Lurker, I don't post!
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You are driving a car if don't have driving license so that time driving prohibited for any body.
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07-20-2013, 07:01 AM
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#25 | | I told him no, what y'all do?
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| Quote:
Originally Posted by zulutango Tell him also that his insurance coverage is not valid and he will pay 100% of all costs in as he is not insured. | what if it's an accident where is he rear ended or something where he is technically not at fault?
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