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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 01-05-2009, 05:14 PM   #1
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Received a 90 Day ADP..

Ok, I'm not going to lie, I'm totally guilty for this...

I am an excellent class 5 drivers licence holder with 8 years driving experience and countless hours on the road. I drive trucks, and cargo trailers daily in all weather conditions and I feel I have far more skill then a lot of the other drivers out on Lower Mainland roads.. I have a clean driving record and no criminal record. Most importantly; I don't drink and drive...

Except for this one time, and I got caught. I was a few blocks down the road from home picking up a few friends stranded in the snow storm. This is my first offence.

So I blew over 100mg%. Licence revoked for 90 days according to the ADP. I have a court date set for April 9th. My 90 days should be close to over by then. What will happen when I attend my court date? I plead guilty and I would be able to apply for a new license after the 90 days? Does section 253 carry any immediate fines or any additional time after the 90 days?

Someone told me they thought that "When you go to court you will be issued a 12 month suspension on top of the 90 day regardless of first offence or not, minimum is now 12 month suspension when convicted" . Is this true?

I'm just trying to figure out my future.

Thank You

EDIT: Just found a posting by Skidmark where I should attempt to plead under section 144, Drive without due care and drive without consideration. I was pulled over while in a parking lot. Having a criminal record is also heavily on my mind. I want to avoid it at all costs if possible.
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Last edited by Deezel85; 01-05-2009 at 05:38 PM.
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Old 01-05-2009, 05:47 PM   #2
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I thought they were way more lenient on class 5? I don't know how much 100mg% is though?
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Old 01-05-2009, 05:50 PM   #3
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its a FAIL on the roadside screening device aswell as over 0.08, the legal limit(0.08 = 80mg%)

Last edited by Deezel85; 01-05-2009 at 05:51 PM.
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Old 01-05-2009, 06:09 PM   #4
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The courts are really reluctant to accept a guilty plea from you unless you have talked to a lawyer, but you could do that if you wanted to. In general, the fine will be around $500, you will receive 10 penalty points and a further 1 year driving prohibition. I expect that you will also end up paying $1500 to participate in the ignition interlock program. You can read a bit about that here:

http://www.drivesmartbc.ca/impaired-...paired-drivers

The criminal conviction may make it difficult for you to enter other countries.
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Old 01-05-2009, 08:28 PM   #5
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Call a lawyer.
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Old 01-05-2009, 10:52 PM   #6
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Friend of mine is going through the same process.

90 day ADP is mutually exclusive from whatever penalty the judge might give you.

In the case of my friend, he plead not guilty but is currently serving the 90 day ADP. It will be over by the time he goes to trial and he'll have his license back. But if he is found guilty, he'll probably lose it for another 12 months.
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Old 01-09-2009, 03:16 PM   #7
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Quote:
Originally Posted by MegaMx View Post
I thought they were way more lenient on class 5? I don't know how much 100mg% is though?
EVERYONE is impaired at 100mg%. Consider that the average drink contains about 15mg%, that is like slamming back 6 and 2/3 drinks, letting it hit you, and then jumping into a vehicle right away.
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Old 01-09-2009, 09:03 PM   #8
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EVERYONE is impaired at 100mg%. Consider that the average drink contains about 15mg%, that is like slamming back 6 and 2/3 drinks, letting it hit you, and then jumping into a vehicle right away.
wow you gotta be smashed then... i wouldnt even think of driving if i was smashed like that , especially in the snow.. wouldnt even drive in the snow sober most the time..
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Old 01-10-2009, 08:49 AM   #9
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Quote:
Quote:
EVERYONE is impaired at 100mg%. Consider that the average drink contains about 15mg%, that is like slamming back 6 and 2/3 drinks, letting it hit you, and then jumping into a vehicle right away.
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wow you gotta be smashed then... i wouldnt even think of driving if i was smashed like that , especially in the snow.. wouldnt even drive in the snow sober most the time..
Not everyone is smashed with 100mg%, depends on your weight.
my friend 45kg-ish will reach .10 with a bit more than 2 shots and he wont be smashed...
it will take 6 shots for a 100kg man to reach 100mg%.

Last edited by simsimi1004; 01-10-2009 at 08:50 AM.
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Old 01-10-2009, 10:47 AM   #10
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Legally everyone is impaired with over .08%. Impairment doesn't mean smashed. Impairment in any way, however small, is legal impairment. I would not ride with anyone who was impaired in any way. As a 6-2inch 190 lb non-drinker, I would not even be close to legal impairment after 2 drinks, but I certainly would graphically show the effects of the consumption. I would not even be close to .08% but I would be smashed. I have seen alcoholics with BTA readings 0f 360, show very little initial physical signs of impairment. Their bodies have been trained to attempt to compensate for the lack of control and to mask it. They are just as impaired in their judgment and driving skills. That is why a SFST operator can see these signs by HGN tests, the stand and balance and walk & turn tests...even without running them on an ASD.

You are right about the size/weight factors affecting the rate alcohol is absorbed. Even what you have, or have not, eaten, will affect it. The levels will rise and all we are looking at is the time lag it takes to do it. The real problem is that when we get impaired, the first thing to happen IS that our thinking and physical processes are impaired. It would take a Lab Tech to figure out after, at what point you were impaired to what degree. Not something for us to do as we get drunker, with any sort of expectation of accuracy.
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Old 01-11-2009, 04:05 PM   #11
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Ok, Final Question

Does my 21 day temporary driving permit expire at the exact time it was written up on my 21st day or at midnight that day?

Last edited by Deezel85; 01-11-2009 at 04:05 PM.
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Old 01-11-2009, 04:41 PM   #12
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Midnight.
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Old 01-11-2009, 04:41 PM   #13
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What does it actually say on the ADP?
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Old 01-11-2009, 05:41 PM   #14
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^^^^
yes exactly, i was trying to say that BAC% depends on weight, etc and how many shots it will take for someone to reach 100%mg is always different.

And yes, Imapairment and smashed is different so I tried to

clarify that fatal's assumption of being smashed at 100% mg is wrong and also clarify sho's statement of 6 and 2/3 drinks will reach 100mg%.

We dont want a 50kg person taking 6 shots thinking they'll be below 100%mg.
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Old 01-11-2009, 06:07 PM   #15
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"Impaired" doesn't JUST mean drunk, either. You can be impaired by a lot of things - drugs (legal or otherwise), sleep deprivation... probably even caffeine overload.
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Old 01-18-2009, 12:50 AM   #16
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"Impaired" doesn't JUST mean drunk, either. You can be impaired by a lot of things - drugs (legal or otherwise), sleep deprivation... probably even caffeine overload.

wtf.. caffeine overload??

oh shitt.. i think i've drove once when i was impaired..

shit...
i blame finals and energy drinks for that..
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Old 01-18-2009, 01:18 AM   #17
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but even if your "impaired" through caffeine, cops probably cant do anything about it.
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Old 01-18-2009, 02:41 AM   #18
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but even if your "impaired" through caffeine, cops probably cant do anything about it.
I'll take that bet.

Seriously. If you think an officer can't do anything about it, you sure have a lot to learn.
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