Alberta License Prohibited for 90 days in BC

[playsmart]

Good morning all,

My AB driver license was taken away from me this weekend in Kelowna. It was a stupid decision to jump into the driver seat and it is totally not worth it. I stopped drinking 3hrs prior to driving and I thought that I would be fine to drive if pulled over. Well, to say the least, I was pulled over during a routine check stop and I was being honest about drinking earlier on. I failed the breathalizer test and my DL was taken away and I was told by the officer that I will not be able to drive for 90days in BC. He also said that this will not affect my driving in AB and suggested that I go to the registry as soon as I get back to AB.

Well, I went to the registry this morning and told them exactly what happened and they issue an application for me to fill out. When asked if my license has been suspended or prohibitied to drive in other jurisdiction, I answered yes and because of this they can't issue me a replacement license. The service agent was kind enough to pull up my records and she says that there is nothing, even in the BC records, that prevents me from a replacement license. But because I marked 'Yes' to the above mentioned question, her hands are tied and cannot proceed with the application. She vaguely hinted that if I answered 'No', than she can proceed with the application and see what happens.

I've already broken the law once and do not wish to do it again. So, to all the people out there that has gone through this or to any RCMP in BC that is well versed in this area, what should I do? What are my options?

Thank you all in advance for your input. And hope to hear from you soon.

[320icar]

So where do you live, Alberta or BC? Most people on here will say live with your mistake and take the 90 day suspension as a good lesson

[smoothie.]

strong first post and username.

dont drive for 90 days

[zulutango]

I answered yes and because of this they can't issue me a replacement license.

They can't issue a new DL because you are a prohibited driver for 90 days, not because you answered the question. If you get prohibited in one province, it applys everywhere...you do not have a valid DL. Same would apply anywhere you required a DL to operate a vehicle....US, England etc . I'm surprised that they can't search the BC database and see your prohibition. I used to do roadside checks for Alberta DLs and find their prohibitions etc listed.

I'm surprised that you say youy were told that a breathalyzer fail suspension and 90 day prohibition would permit you to drive in Alberta. Maybe there was some confusion as to what was understood or said by either you or the Cop? You may be permitted to get a replacement DL (like if you had physically lost it) but that would not remove the prohibition from driving for 90 days.If you have ANY questions about the validity of your prohibition in Alberta, call the phone numbers listed on your prohibition paperwork and talk to the MV Branch that issued it.

[playsmart]

Thank you all for your replies,

To Zulutango:
What the RCMP actually said was, "This prohibition only applies to the province of BC. What Alberta chooses to do is up to them, we cannot enforce our BC prohibition in AB. When you return to AB, go to the registries (ICBC equivalent in AB) and see about getting your license back." So maybe you're right. Maybe Alberta chooses to enforce it as well.

The service agent was super helpful (maybe because of me not wanting to lie) that she even called the powers to be in Edmonton (capital of AB) and the person behind the phone could not tell her how if I'm allowed a replacement DL. So back to square one.

As for the BC database, the IRP was served on a Saturday at 12:30am. So a logical explaination was that it requires 2-3 business days for the IRP to register into the database.

Other than that, I think I'll go in there again next Monday and see if it shows up in the database and go from there.

[underscore]

Originally Posted by playsmart

"This prohibition only applies to the province of BC. What Alberta chooses to do is up to them, we cannot enforce our BC prohibition in AB. When you return to AB, go to the registries (ICBC equivalent in AB) and see about getting your license back."

I'm guessing what they meant by this is that since BC can't force AB to prohibit you, it's possible AB won't. I doubt they meant that AB will definitely give you another license.

[zulutango]

Originally Posted by playsmart

Thank you all for your replies,

To Zulutango:
What the RCMP actually said was, "This prohibition only applies to the province of BC. What Alberta chooses to do is up to them, we cannot enforce our BC prohibition in AB. When you return to AB, go to the registries (ICBC equivalent in AB) and see about getting your license back." So maybe you're right. Maybe Alberta chooses to enforce it as well.

The service agent was super helpful (maybe because of me not wanting to lie) that she even called the powers to be in Edmonton (capital of AB) and the person behind the phone could not tell her how if I'm allowed a replacement DL. So back to square one.

As for the BC database, the IRP was served on a Saturday at 12:30am. So a logical explaination was that it requires 2-3 business days for the IRP to register into the database.

Other than that, I think I'll go in there again next Monday and see if it shows up in the database and go from there.

Interesting that the agent in Alberta didn't know. Here in BC when you apply for your DL (I run a driving school and have heard this question asked hundreds of times) "are you suspended or prohibited from having a DL anywhere else"? If it is that important in BC then I wonder why it isn't in Alberta. I'm really surprised that your type of situation has never surfaced before in Alberta???? Nobody has ever been prohibited in any other province before??

As far as what the Member told you...that he/she didn't know and you should check....was good advice. I don't know what the Alberta MVB's policy is and could not advise you on their regulations so I would have advised you to contact the BC MV Dept and the Alberta MV Dept if you had questions.

[SumAznGuy]

I spoke to a JP about this and this was their reply.

The 90 day driving prohibition is under the BRITISH COLUMBIA motor vehicle act.
Unfortunately or in this case fortunately, it is only enforced in BC and thus OP can apply for another Alberta driver's license. Had his prohibition been under the criminal act, then his name would show up in the system and he would not be allowed to apply for another AB driver's license.

[playsmart]

Originally Posted by SumAznGuy

I spoke to a JP about this and this was their reply.

The 90 day driving prohibition is under the BRITISH COLUMBIA motor vehicle act.
Unfortunately or in this case fortunately, it is only enforced in BC and thus OP can apply for another Alberta driver's license. Had his prohibition been under the criminal act, then his name would show up in the system and he would not be allowed to apply for another AB driver's license.

This is along the same line as what the RCMP officer that handed me the IRP. However, how should I answer the question, "Are you prohibited or suspended from driving in other Jurisdiction?". If I answer 'Yes', the service agent can't issue a duplicate copy of my license. I don't want to answer 'No' if I'm going to be in further trouble with the law. I guess my question is, according to the JP, because my name doesn't and won't show up in the system, can I then answer 'No'?

[corollagtSr5]

I went through a road block and got 24 hour with Winnipeg license. They told me they couldn't take my license and returned it to me and to not drive for 24 hours and towed my car for a day. That was with burnaby RCMP.

[zulutango]

Originally Posted by playsmart

This is along the same line as what the RCMP officer that handed me the IRP. However, how should I answer the question, "Are you prohibited or suspended from driving in other Jurisdiction?". If I answer 'Yes', the service agent can't issue a duplicate copy of my license. I don't want to answer 'No' if I'm going to be in further trouble with the law. I guess my question is, according to the JP, because my name doesn't and won't show up in the system, can I then answer 'No'?

You just told us you were prohibited in another jurisdiction and you have the papers to prove it. From what you are saying the JP told you, it's not enforcable..but you are prohibited. 2 different things.

[zulutango]

Originally Posted by corollagtSr5

I went through a road block and got 24 hour with Winnipeg license. They told me they couldn't take my license and returned it to me and to not drive for 24 hours and towed my car for a day. That was with burnaby RCMP.

Interesting....considering the MV Act says this.. in Section 215...roadside suspensions...
"

(4) If a peace officer requests a driver to surrender his or her driver's licence under this section, the driver must forthwith surrender to the peace officer his or her driver's licence issued under this Act or any document issued in another jurisdiction that allows him or her to drive or operate a motor vehicle.

[corollagtSr5]

Originally Posted by zulutango

Interesting....considering the MV Act says this.. in Section 215...roadside suspensions...
"

(4) If a peace officer requests a driver to surrender his or her driver's licence under this section, the driver must forthwith surrender to the peace officer his or her driver's licence issued under this Act or any document issued in another jurisdiction that allows him or her to drive or operate a motor vehicle.

Maybe i got lucky.

[zulutango]

You did....,must have been stopped by a General Duties Member, not a Traffic Member. Buy a 649 ticket while your good luck is still holding.

[SumAznGuy]

Originally Posted by zulutango

You did....,must have been stopped by a General Duties Member, not a Traffic Member

Or a member of the RCMP.
being-topless-in-public-is-legal-b-c-woman-reminds-others-after-police-encounter

Oh wait, he did say Burnaby RCMP. It all makes sense now.

[underscore]

^ what the hell does that have to do with this thread?

[SumAznGuy]

Originally Posted by underscore

^ what the hell does that have to do with this thread?

Everything and nothing, depending on how you see it.

OP asked a question about the conditions of his driving prohibition in BC.
Z replied with what he knew.
Z's response differs from what OP was told by an RCMP officer.
Another person responds with what happened to them with Burnaby RCMP.
Z said it is possible the office was misinformed.
I posted a link about an RCMP officer who tried to enforce a law that did not exist.

[Berzerker]

Go get your license back in Alberta. Tick "no" this time. Don't drive in BC for 90 days. Simple.

If you drive in BC while prohibited your in for a major ass fucking.

Berz out.

[zulutango]

Originally Posted by Berzerker

Go get your license back in Alberta. Tick "no" this time. Don't drive in BC for 90 days. Simple.

If you drive in BC while prohibited your in for a major ass fucking.

Berz out.

And if you get into some sort of crash situation while you drive during your 90 day prohib, your private insurance company or ICBC will be very interested to find that out and not cover you in a crash. Chance you take.

[playsmart]

All very valid points. Really appreciate all the responses. I've talk to a lawyer and she thinks we should submit a request for a review and challenge the IRP. After reviewing my police report, she said my chance of winning is high and it'll cost me $2k cdn. Well worth it if it can be revoked but maybe she's just saying that to take my money. Only time will tell. Aside from that, I think I'll just sit tight and not drive until I can get my license back.

[playsmart]

Originally Posted by Berzerker

Go get your license back in Alberta. Tick "no" this time. Don't drive in BC for 90 days. Simple.

If you drive in BC while prohibited your in for a major ass fucking.

Berz out.

So you think I should lie? If I tick "no" and I get my temporary license back, what about when I do get stop by an Alberta RCMP, will I get into trouble at all when they run my DL# and find out that I'm prohibited to drive in BC? If I won't get in trouble then it make sense to tick 'no' but if I'll get into trouble, why bother to get a replacement license since it only looks good until they run it through the database and I'm pretty sure they do for all routine checks.

[zulutango]

"my chance of winning is high and it'll cost me $2k cdn.". Trust me....i'm a lawyer....would I lie to you? Would you bother if she said....well, your chance of winning is low and it will cost you $2K?

[rriggi]

Literally nothing stopping you from going back to AB and just saying you lost DL and you need a new one. Don't drive in BC for 90 days.

[playsmart]

Originally Posted by zulutango

Would you bother if she said....well, your chance of winning is low and it will cost you $2K?

Well, I've got my results from the hearing. My prohibition has been revoked and all monetary fines are non-existence and ICBC is paying for my towing fees and impoundment fees!! Sarah Leamon from Acumen Law in BC is amazing... she predicted a 90% success in the appeal and she delivered!!!

Thank you all for all the feedback and replies...just remember, "Don't drink and Drive, It's not worth it..."

[320icar]

I don't think I'll thank that post. Congrats, you got off on crimes you were guilty of did you pay 2 grand for it?