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Questions & info about the Motor Vehicle Act. Mature discussion only.

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Old 02-28-2010, 09:24 AM   #26
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Originally Posted by yvrnycracer View Post
I'm not saying what the driver did was right... BUT... if the passengers/drivers WERE charged with possession AFAIK an officer cannot search a car on the smell of marijuana alone...

http://www.canada.com/topics/news/na...4-9266dc827962
That's based on four bags inside a car, the link provided was search on a house and not car of course it would be throw out of the court. That's a different scernio compare to one on this topic.

If the officer smells marijuana inside the vehicle he would have reasonable grounds to search the vehicle. But of course he would have asked your friend for consent

But smoke it at home and no where else...
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Old 02-28-2010, 10:46 AM   #27
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yah that might work but too bad they arent smart enough to think of that on the spot haha
That's a pretty good sign of being impaired, right there
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Old 03-03-2010, 02:49 PM   #28
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buddy fails for admitting it... he needs to take his punishment like a man...

on another note...

If silence is consent then we have serious problems with our legal system...
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Old 03-03-2010, 04:22 PM   #29
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Originally Posted by yvrnycracer View Post
buddy fails for admitting it... he needs to take his punishment like a man...

on another note...

If silence is consent then we have serious problems with our legal system...
Well, to be fair, if you're unconscious and need CPR, silence is consent.

It would be pretty crappy to have to wait till you die and still be waiting for consent.
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Old 03-04-2010, 01:34 PM   #30
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tell your friend to get his class 5... even if they take away his license, which they probably will, at least when he goes to get it back, he will have a class 5, and not have to restart the N again for another 2 years
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Old 03-04-2010, 01:57 PM   #31
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tell your friend to get his class 5... even if they take away his license, which they probably will, at least when he goes to get it back, he will have a class 5, and not have to restart the N again for another 2 years
That isn't what is in question here. It is whether or not his friend will be eligible to get his Class 5. ICBC can tell him that he cannot take his exam because his license is suspended because of the 24hr.

Just because the letter is in the mail, doesn't mean that ICBC hasn't updated their computers.
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Old 03-04-2010, 02:05 PM   #32
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his license isnt suspended until his surrenders it to ICBC. the cop took his license away for the 24hr, he went and got it back. now he has his license. he can now go take the class 5. he can take his exam/drive until he surrenders his license.
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Old 03-04-2010, 02:43 PM   #33
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his license isnt suspended until his surrenders it to ICBC. the cop took his license away for the 24hr, he went and got it back. now he has his license. he can now go take the class 5. he can take his exam/drive until he surrenders his license.
I was really hoping that I wouldn't need to fail you but your license is suspended regardless if you surrender it to ICBC. It is just a matter of material, you can technically carry the piece of plastic around but you will still be suspended/prohibited from driving. You don't have to send it in but you can still be suspended/prohibited.

I swear, the amount of bad information coming from you is outrageous. Where do you get your information? Do you have a hat somewhere you can pull it out of?
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Old 03-04-2010, 02:49 PM   #34
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I thought they serve you with a letter of intent to suspend before any action is taken? From there you can appeal for reduced time or a reconsideration on the suspension. However if you are served with the letter and have your licence suspended having the physical licence is useless.
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Old 03-04-2010, 02:59 PM   #35
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just tell your friend to go to driver's services and surrender his lincese for a while. it will all go away
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Old 03-04-2010, 03:09 PM   #36
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wrong again... see you think you know, but really... you dont. Here let me explain to you the way the system works.
The superintendent decides that you are too dangerous to be on the road and should take a brake from driving. they send you a letter. it's either Intent to Prohibit or Notice of Prohibition. If it's the Intent letter, you can send the superintendent a letter and they deicde if you get to keep driving or not. Most of the time, they send you a letter back saying that whatever reasons you put down in the letter you sent are not good enough to reverse the prohitibion. Then they tell you to send your license in along with the SIGNED form.
Now you can do two things, you can send in your license and the letter and starting taking the loser cruiser for the next few months, OR
You can keep driving.... I already know that you're thinking... OMGWTFBBQ you CANT drive while suspended, you will get in TROUBLE... well WRONG again... here's where the loophole comes into play.
If you drive like a saint and get very lucky, and don't get pulled over during the term of your prohibition, you simply go to the Driver's Licensing center at the end of your prohibition term and tell them you want your license back. They are gonna say, oh but you never acknoledged the prohibition, so you have to wait another X months. You say, NO NO, i sent my license and letter in, and I havent been driving for the past X months. Then they get you a form to sign, where you put down the date you stopped driving. Then they add the number of months you were prohibited to THAT date, and guess what... you get your license back...
Now, if you get unlucky and you get pulled over, you simply hand the police officer your driver's license like normal, he will go run it in his computer. It will come up as suspended. But, since the prohibition was never acknoledged, you are not driving while suspended... So the police officer then hands you a roadside prohibion on the spot for the X number of months you were supposed to do, and you wait that long then go get your license back...

SO, now that that's cleared up, let me show you where you are wrong. IN THIS CASE, the OP's friend is not yet prohibited by the superintendent. He can still drive until he gets the letter in the mail.... then he can go to one of the above points. So, if he can still legally drive, he can still take the class 5 road test. ICBC's computers will not show any prohibitions until he gets the letter in the mail + 21 days after that. So, why dont you stop spreading false information and insulting me
sounds like you speak from experience...
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Old 03-04-2010, 03:10 PM   #37
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sounds like you speak from experience...
unfourtinately yes... i've been suspended twice and know how to get around it now... but you cant get around having to pay for the points, thats where they get you...
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Old 03-04-2010, 03:42 PM   #38
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wrong again... see you think you know, but really... you dont. Here let me explain to you the way the system works.
The superintendent decides that you are too dangerous to be on the road and should take a brake from driving. they send you a letter. it's either Intent to Prohibit or Notice of Prohibition. If it's the Intent letter, you can send the superintendent a letter and they deicde if you get to keep driving or not. Most of the time, they send you a letter back saying that whatever reasons you put down in the letter you sent are not good enough to reverse the prohitibion. Then they tell you to send your license in along with the SIGNED form.
Now you can do two things, you can send in your license and the letter and starting taking the loser cruiser for the next few months, OR
You can keep driving.... I already know that you're thinking... OMGWTFBBQ you CANT drive while suspended, you will get in TROUBLE... well WRONG again... here's where the loophole comes into play.
If you drive like a saint and get very lucky, and don't get pulled over during the term of your prohibition, you simply go to the Driver's Licensing center at the end of your prohibition term and tell them you want your license back. They are gonna say, oh but you never acknoledged the prohibition, so you have to wait another X months. You say, NO NO, i sent my license and letter in, and I havent been driving for the past X months. Then they get you a form to sign, where you put down the date you stopped driving. Then they add the number of months you were prohibited to THAT date, and guess what... you get your license back...
Now, if you get unlucky and you get pulled over, you simply hand the police officer your driver's license like normal, he will go run it in his computer. It will come up as suspended. But, since the prohibition was never acknoledged, you are not driving while suspended... So the police officer then hands you a roadside prohibion on the spot for the X number of months you were supposed to do, and you wait that long then go get your license back...

SO, now that that's cleared up, let me show you where you are wrong. IN THIS CASE, the OP's friend is not yet prohibited by the superintendent. He can still drive until he gets the letter in the mail.... then he can go to one of the above points. So, if he can still legally drive, he can still take the class 5 road test. ICBC's computers will not show any prohibitions until he gets the letter in the mail + 21 days after that. So, why dont you stop spreading false information and insulting me
It is assholes like you that increase our premiums and kill innocent people. I hope you DIAF. Seriously. What the hell is wrong with you?

You do realize that without a valid license you are not insured to drive, right? There is so much wrong what you just said that anyone reading it should not take that advice. If you do, you are RETARDED. YOU DO NOT NEED TO ACKNOWLEDGE IT FOR IT TO BE VALID.
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Old 03-04-2010, 03:46 PM   #39
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lol ok i will remove my post, forget it... this forum section is useless... just keep paying those tickets and points and bend over for ICBC...
btw, how does driving like a saint trying not to get pulled over kill innocent people?
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Old 03-04-2010, 03:49 PM   #40
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lol ok i will remove my post, forget it... this forum section is useless... just keep paying those tickets and points and bend over for ICBC...
btw, how does driving like a saint trying not to get pulled over kill innocent people?
Think about it, how do you think you got suspended to begin with? Are you going to be "conscious" of driving like a saint? Why didn't you do this to begin with and avoid all the tickets/fines/penalties? BECAUSE IT IS YOUR HABIT.

Is this another thread about your indisputable knowledge of the law and how to find loopholes?
http://www.revscene.net/forums/anoth...t-t600050.html

Or perhaps is it your view that it is everyone else's responsibility but your own?
http://www.revscene.net/forums/havin...y-t605386.html

I'll all for fighting the tickets that are wrongfully given but when you are caught for something you did, you should man up. This is what is completed f-ed about society. People do not take responsibility for their own actions. They rather blame it on "anal cops" or "icbc" trying to make a cash grab. It is everyone else's fault but your own! You guys are stupid.
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Old 03-04-2010, 07:53 PM   #41
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lol ok i will remove my post, forget it... this forum section is useless... just keep paying those tickets and points and bend over for ICBC...
btw, how does driving like a saint trying not to get pulled over kill innocent people?
No offense dood, but CRS is right. Say you "drive like a saint" but someone cuts you off or jaywalks and you hit them. Now you're double-f-ed. Unless you're also the kind of guy that will also bolt from the car, which is yet another epic fail.

The advice you gave is no better than "yeah you can turn in your license during a suspension, but you can keep driving, just don't get caught". Just because you're physically able to do something, doesn't make it legal. That's like saying drinking booze while underage is okay if your daddy bought it for you.

I'm no perfect driver myself, but seriously, it takes a LOT to get suspended. What is it now, 12 points for suspension? Speeding is only 3 points.

If you suck enough at driving to get suspended, something tells me you can't "drive like a saint".

I am so glad they have this whole N system going on now. The kinds of idiots we have on the road..

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Old 03-05-2010, 08:16 PM   #42
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Because the post was quoted and still readable, I will clarify some of the points from the way we see things...

Quote:
wrong again... see you think you know, but really... you dont. Here let me explain to you the way the system works.
The superintendent decides that you are too dangerous to be on the road and should take a brake from driving. they send you a letter. it's either Intent to Prohibit or Notice of Prohibition. If it's the Intent letter, you can send the superintendent a letter and they deicde if you get to keep driving or not. Most of the time, they send you a letter back saying that whatever reasons you put down in the letter you sent are not good enough to reverse the prohitibion. Then they tell you to send your license in along with the SIGNED form.
Correct. But if the second letter comes telling you you're prohibited, you're prohibited. The receiving of the registered letter is enough for them that the Notice of Prohibition has been received.


Quote:
Now you can do two things, you can send in your license and the letter and starting taking the loser cruiser for the next few months, OR
You can keep driving.... I already know that you're thinking... OMGWTFBBQ you CANT drive while suspended, you will get in TROUBLE... well WRONG again... here's where the loophole comes into play.
If you drive like a saint and get very lucky, and don't get pulled over during the term of your prohibition, you simply go to the Driver's Licensing center at the end of your prohibition term and tell them you want your license back. They are gonna say, oh but you never acknoledged the prohibition, so you have to wait another X months. You say, NO NO, i sent my license and letter in, and I havent been driving for the past X months. Then they get you a form to sign, where you put down the date you stopped driving. Then they add the number of months you were prohibited to THAT date, and guess what... you get your license back...
Now, if you get unlucky and you get pulled over, you simply hand the police officer your driver's license like normal, he will go run it in his computer. It will come up as suspended. But, since the prohibition was never acknoledged, you are not driving while suspended... So the police officer then hands you a roadside prohibion on the spot for the X number of months you were supposed to do, and you wait that long then go get your license back...
Not quite. If the Superintendent of Motor Vehicles does decide to revoke your license and prohibit you from driving, that will show up on our screen as "Prohib" under licence status. That means arrest, handcuffs and vehicle impound for 30 days (minimum, depending on how often you are caught driving while prohibited).

Sometimes it will show that you are prohibited, sometimes it will show that we are to serve you a Notice of Prohibition. I believe that xpl0sive is correct in that if you don't acknowledge the prohibition letter, your licence is technically valid until you are served the Notice of Prohibition in person (the Notice of Prohibition coming from the Motor Vehicle Branch is usually sent by registered mail and confirmation of receipt is tracked that way).

The problem with doing as xpl0sive suggests, is that you prolong your suspension start date. As noted previously, your driving habits aren't likely to change to the perfect driver overnight and sooner or later, someone will run your plate and see that you have a Notice of Prohibition to be served. Or you're in a friend's car and your information is checked and you get served then (you can be served any time, anywhere).

Showing up for a road test with an outstanding Notice of Prohibition to be served won't help you at all, as they will not let you take your test.

As well, I've dealt with people who weren't aware that the prohibition had actually started already. At least that is what they claimed... Sometimes it was easily explained by them not reading the letter correctly.

Quote:
ICBC's computers will not show any prohibitions until he gets the letter in the mail + 21 days after that.
True, but the computers will show that there is a pending prohibition if it is a Notice of Intent to Prohibit...
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Old 03-05-2010, 08:53 PM   #43
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unfourtinately yes... i've been suspended twice and know how to get around it now... but you cant get around having to pay for the points, thats where they get you...
or you could just learn to drive...
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Old 03-05-2010, 09:13 PM   #44
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One of my favourite tasks was issuing an instant prohib notice and NO "drive home temp DL" to those scofflaws who chose to ignore the notice of prohibition. The vehicle was also towed unless there was a licenced driver in the car. It always came up when I had stopped the driver for yet another act of bad driving, for which they also got all the appropriate tickets. If the situation merits the Cop can alo additionally contact ICBC for further consideration.
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Old 03-22-2010, 07:07 AM   #45
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Isn't any alcohol what so-ever result in a suspension?
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Old 03-22-2010, 07:53 AM   #46
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Old 03-22-2010, 10:07 AM   #47
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Isn't any alcohol what so-ever result in a suspension?
UPDATE : my friend never received a letter from the superintendent ever since the 24 hr prohibition. i guess he was super lucky
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Old 03-22-2010, 11:40 AM   #48
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Isn't any alcohol what so-ever result in a suspension?
Yes, if you are a driver in the GLP.
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Old 03-22-2010, 03:38 PM   #49
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UPDATE : my friend never received a letter from the superintendent ever since the 24 hr prohibition. i guess he was super lucky
Takes a few weeks if he does not get it this time.. Guarantee 1 ticket involving point will get him a suspension.
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Old 03-23-2010, 12:54 PM   #50
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Takes a few weeks if he does not get it this time.. Guarantee 1 ticket involving point will get him a suspension.
hmmm its been almost a month now... people have told me it took 1-2 weeks so i guess hes off the hook? i hope
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