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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 06-05-2009, 04:24 PM   #1
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24 hr suspension questions

How long does a 24 hour impairment suspension remain on one's record if they have a Class 5?

I ask because I got one such suspension after consuming 6 beer over a 4-5 hour (Canucks playoff game-2 plus trip to bar plus 1 hour at bar) period (I'm a man about 6'2", 185lbs), I even left the bar early because I had to drive and didn't want to risk drinking too much and having to leave my car downtown. So I go through a roadblock and I felt I had nothing to hide so I agreed to blow into the breathalyzer, officer shows me that it reads "WARN" which he informs me means I blew between .05-.1. So I informed him that I had just had my last beer 5 minutes ago so he gives me 5 minutes before blowing again. Once again the machine reads "WARN".

My issue is this: it is entirely likely that my blood alcohol level was less than .08, (a man of my size will USUALLY metabolize 5 standard drinks in 4 hours as I'm sure you know) I have a class 5 license, where is there proof that I was above the legal limit to be operating a motor vehicle??

As well, the officer and/or cop-shop managed to lose my driver's license within the next 24 hours, which was very inconvenient since I was driving a truck to Alberta the next day for an army exercise I was on for the next 23 days. When I got back I paid for a new license and the unit who took responsibility reimbursed me for the cost.

Last question: why is it necessary to impound my vehicle rather than let me call someone else who can drive it home for me? Is this punitive by means of making me pay the tow truck company $145?

Thanks any information/explanation is appreciated.
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Old 06-05-2009, 05:06 PM   #2
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Didn't you have your 404 on you? That with your Mil ID should have been enough for you to drive any DND vehicle.
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Old 06-05-2009, 07:05 PM   #3
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5 years.

But we all know it never really disappears.
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Old 06-05-2009, 07:30 PM   #4
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Quote:
Originally Posted by HavoK041 View Post
How long does a 24 hour impairment suspension remain on one's record if they have a Class 5?
ICBC looks at the previous 5 years in terms of driver history/insurance. Sometimes more.

Quote:
I ask because I got one such suspension after consuming 6 beer over a 4-5 hour (Canucks playoff game-2 plus trip to bar plus 1 hour at bar) period (I'm a man about 6'2", 185lbs), I even left the bar early because I had to drive and didn't want to risk drinking too much and having to leave my car downtown. So I go through a roadblock and I felt I had nothing to hide so I agreed to blow into the breathalyzer, officer shows me that it reads "WARN" which he informs me means I blew between .05-.1. So I informed him that I had just had my last beer 5 minutes ago so he gives me 5 minutes before blowing again. Once again the machine reads "WARN".
Sounds about right.

Quote:
My issue is this: it is entirely likely that my blood alcohol level was less than .08, (a man of my size will USUALLY metabolize 5 standard drinks in 4 hours as I'm sure you know) I have a class 5 license, where is there proof that I was above the legal limit to be operating a motor vehicle??
You may be correct about being below 0.08, but you were definitely between 0.05 and 0.10 as that is the range that the ASD will display "WARN". And in BC, under the Motor Vehicle Act, a "WARN" = a 24hr suspension for the driver. The proof of that is the ASD result of "WARN".

Quote:
As well, the officer and/or cop-shop managed to lose my driver's license within the next 24 hours, which was very inconvenient since I was driving a truck to Alberta the next day for an army exercise I was on for the next 23 days. When I got back I paid for a new license and the unit who took responsibility reimbursed me for the cost.
Sorry to hear that they lost your licence. However, knowing you were supposed to be driving the next day, perhaps some better planning of transportation for the night would have been in order?

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Last question: why is it necessary to impound my vehicle rather than let me call someone else who can drive it home for me? Is this punitive by means of making me pay the tow truck company $145?

Thanks any information/explanation is appreciated.
Read this section. Depending on a whole variety of factors, I may allow a sober friend to drive the vehicle away if they arrive before the tow truck, but I normally tow the vehicle.
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Old 06-05-2009, 08:28 PM   #5
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Regarding the impounding issue: in police's point of view, there's nothing stopping you from taking over the driver's seat after the police has left the scene. If the police chose not to impound your car and that "someone-else" let you hop back onto the driver's seat resulting in a crash, the police is to blame.
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Old 06-05-2009, 09:04 PM   #6
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Agreed. The only time I can remember I've let anyone pick up the vehicle was when a son woke up, walked the 3 blocks to where the vehicle was stopped in his pyjamas and flip-flops, and drove his dad back home.
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Old 06-08-2009, 10:13 AM   #7
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whoops double post.

Last edited by HavoK041; 06-08-2009 at 10:21 AM. Reason: double post
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Old 06-08-2009, 10:19 AM   #8
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Quote:
Originally Posted by CRS View Post
Didn't you have your 404 on you? That with your Mil ID should have been enough for you to drive any DND vehicle.
Yes driving the military vehicle was no problem because I don't need a civvy license for that, but it meant I had to wait 23 days before I could attempt to track down my license from the police in my own town.

Better planning? I left early before drinking too much to be over the legal limit.

And regarding the vehicle impounding, if it's an issue with the possibility of the driver taking over the wheel again, that could be avoided by simply having the driver of the car leave after the "drunk" has left in a taxi for the 2km drive home.
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Old 06-08-2009, 03:34 PM   #9
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You don't need to be drunk as a skunk to be impaired. As demonstrated by the ASD result, you were obviously impaired according to the legal definition.
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Old 06-08-2009, 05:28 PM   #10
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The legal limit for having care and control of a motor vehi cle is BC is 0.50 mg%. The legal limit for having care and control under the Criminal Code is 0.80mg%. You exceeded the legal limit under section 215 of the Motor Vehicle Act so you were charged for doing just that. Any reading between 51 and 99 mg% is a warn on the ASD. You may have been 51 mg%...that is not legal in BC...neither is 52, 53,55,97.98.99. It's like speeding or pregnancy...either you ARE...or you are NOT. You were.

Last edited by zulutango; 06-11-2009 at 01:51 PM.
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Old 06-11-2009, 01:19 PM   #11
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The legal limit for having care and control of a motor vehi cle is BC is .50 mg%. The legal limit for having care and control under the Criminal Code is .08mg%. You exceeded the legal limit under section 215 of the Motor Vehicle Act so you were charged for doing just that. Any reading between 51 and 99 mg% is a warn on the ASD. You may have been 51 mg%...that is not legal in BC...neither is 52, 53,55,97.98.99. It's like speeding or pregnancy...either you ARE...or you are NOT. You were.
Wow this is news to me!
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Old 06-11-2009, 01:51 PM   #12
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Nice to know if you plan on driving after drinking.
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Old 06-23-2009, 09:29 PM   #13
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very hard to get out of those.. pretty much the only way is if u requested a breathalyzer (however u spell it) or if u werent actually driving at the time
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