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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 10-30-2009, 10:04 AM   #1
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Driving without consideration

MVA 144(1)(B)

My Question is I have my N, and its a 6 point offense, from what I understand my insurance goes up $300, but am I going to lose my license? I'm eligible for my Class 5 test, just haven't gotten around to booking it, If I pass my Class 5 what happens with my driving record? do the points stay? do I still have to pay the ticket? is my insurance still affected? Any other information on how this will affect my license/insurance is appreciated.
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Old 10-30-2009, 10:18 AM   #2
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The Supt. of M Vehs will decide if you keep your DL. Even if you get your class 5 before this hits court, the offense was committed when you were a N driver and any suspension should be based on your status at the time. Like murdering somebody when you were a YO but you are 19 when you get to trial. You are tried and punished based on your status at the time you broke the law.

Any conviction will stay on your history for at least 5 years and you will have to pay any fines they assign you. A phone call to the MVB will answer your other questions with correct info rather than fishing for what you get from a discussion group.
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Old 10-30-2009, 11:09 AM   #3
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go take your class 5 test and get your class 5. then pay the ticket and the points and you won't lose your license... i would suggest disputing it, then getting your class 5, then going to court a year later and see what happens... but I know for sure you wont lose your class 5 over 6 points... especially if u dispute the ticket... if you don't get your class 5, you will lose your license, and have to start your 2 years of N all over again
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Old 10-30-2009, 11:51 AM   #4
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go take your class 5 test and get your class 5. then pay the ticket and the points and you won't lose your license... i would suggest disputing it, then getting your class 5, then going to court a year later and see what happens... but I know for sure you wont lose your class 5 over 6 points... especially if u dispute the ticket... if you don't get your class 5, you will lose your license, and have to start your 2 years of N all over again
I doubt that there's a loophole like that, if that's possible it is the route I will take, I am confident that I will pass my Class 5. I think my best bet is to dispute it and hope it either gets thrown out, worst case I get a court date. Either way im taking my Class 5 test, I was actually talking about it last night while I was watching the Canucks game before I got the ticket. If I pay the ticket with my current N license I know I will lose it.
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Old 10-30-2009, 12:13 PM   #5
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Quote:
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I doubt that there's a loophole like that, if that's possible it is the route I will take, I am confident that I will pass my Class 5. I think my best bet is to dispute it and hope it either gets thrown out, worst case I get a court date. Either way im taking my Class 5 test, I was actually talking about it last night while I was watching the Canucks game before I got the ticket. If I pay the ticket with my current N license I know I will lose it.
Better question yet, did you commit the offence?

You can take the class 5 but you'll still need to pay for everything. Except that it will no longer be a guaranteed suspension. It is up to the super but you may or may not be suspended. This one is up in the air while everything else is guaranteed.

What I would suggest is take your class 5, pass it, and pay the ticket. You don't want to go to court without a valid defence. Not only is it a waste of court's time but is it also a waste of yours. Plus you may get additional fines/penalties if you go into court without a valid defence.
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Old 10-30-2009, 12:41 PM   #6
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I booked my Class 5 for next week
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Old 10-30-2009, 01:20 PM   #7
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Quote:
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I doubt that there's a loophole like that, if that's possible it is the route I will take, I am confident that I will pass my Class 5. I think my best bet is to dispute it and hope it either gets thrown out, worst case I get a court date. Either way im taking my Class 5 test, I was actually talking about it last night while I was watching the Canucks game before I got the ticket. If I pay the ticket with my current N license I know I will lose it.
it is a loophole, i used it myself. i had 3 speeding tickets outstanding waiting for court when i took my class 5... i got my class 5, then the court dates went past, cause the court was scheduled in Merritt, and it would be cheaper for me to just pay the tickets then take a day off work and have to drive there... anyways, i paid the tickets, paid the points at the end of the year, and that was the end of that...
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Old 11-01-2009, 06:29 PM   #8
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Quick question -

Do I have to dispute this ticket before taking my Class 5 road test? Also if I dispute the ticket I can still pay it, and the points at a later date instead of attending court right?
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Old 11-01-2009, 06:32 PM   #9
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Quote:
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Quick question -

Do I have to dispute this ticket before taking my Class 5 road test?
You may want to dispute it so that you have time take your class 5.

After you pass your class 5, go in and pay for the ticket.
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Old 11-01-2009, 08:55 PM   #10
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I've done it. albeit a couple years ago. I disputed the ticket to buy time for my class 5, then took the test and paid the ticket.
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Old 11-02-2009, 12:20 AM   #11
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The driving without due care and driving without consideration tickets are VERY subjective (based on opinion, not facts) and relatively easy to dispute in court, and are usually given either as a fallback when the officer can't come up with a more objective offense to charge you with, or, in addition to several other charges when you do something REALLY stupid.

I'd suggest you dispute it and ask for a reduction to speeding or whatever else was most relevant to why you got the ticket. You can call in and ask ahead of time, or confer with the officer just before you enter the court (although they might like to have a bit more warning)
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Old 11-02-2009, 08:16 AM   #12
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My test is on Thursday, just making sure I can still go in and take the test even though I haven't mailed in my dispute yet, I mean.. as far as they know the ticket doesn't exist yet, got iy a few days ago.
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Old 11-02-2009, 09:14 AM   #13
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If it has been more than 30 days since the VT was issuedm the ticket will show on your driving history as a conviction. If it has been less than 30 days and/or you filed a dispute botice, then your record will not show it.
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Old 11-22-2009, 11:22 PM   #14
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So I passed my Class 5 test and I still have not decided to dispute the ticket, I don't agree with the fine at all, the points have me bothered. I have till the end of the week to dispute so that's still a possibility too.

Im thinking about getting in touch with the officer and seeing if maybe he will drop it to a lesser offense, is that possible? What do you guys think is the best thing I can do?
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Old 11-23-2009, 10:56 AM   #15
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the officer will not do anything for you, until it comes time to go to court... they usually talk to you before the hearing, and either agree to drop it, or reduce it... so just dispute it, go to court for 2 hours and save yourself some money...
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