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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 02-26-2010, 04:45 PM   #1
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N Driver getting a DUI

Hi, a cop pulled over my friend's car last night ( he was following him for quite a bit till he put on the flashing lights ) and right off the bat the cops could smell the weed in their car since they just toked up before driving. My friend is an N driver and was also driving 2 other friends. The cops also found a small bag of weed on the passenger seat of the car. They all had to sit in the back of the cruiser for a bit and the driver got his license taken away ( he said it was for 24 hours ) , car impounded, and received a ticket for " driving contrary to restrictions ". The cops also said my friends were " charged " for possession of marijuana.

My question is, will the driver be suspended? and for how long?

My friend is able to take his class 5 atm, so can he get his license back tomorrow and book a class 5 test before he gets his license suspended ?

and what happens if you get " charged for possession of marijuana " ? they didnt get a ticket or anything...

thanks in advance
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Old 02-26-2010, 05:04 PM   #2
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Originally Posted by oniyou View Post
Hi, a cop pulled over my friend's car last night ( he was following him for quite a bit till he put on the flashing lights ) and right off the bat the cops could smell the weed in their car since they just toked up before driving. My friend is an N driver and was also driving 2 other friends. The cops also found a small bag of weed on the passenger seat of the car. They all had to sit in the back of the cruiser for a bit and the driver got his license taken away ( he said it was for 24 hours ) , car impounded, and received a ticket for " driving contrary to restrictions ". The cops also said my friends were " charged " for possession of marijuana.

My question is, will the driver be suspended? and for how long?

My friend is able to take his class 5 atm, so can he get his license back tomorrow and book a class 5 test before he gets his license suspended ?

and what happens if you get " charged for possession of marijuana " ? they didnt get a ticket or anything...

thanks in advance
1. Yes, he will be most likely be suspended. When you are on your class 7L or 7N, a 24hours suspension will get you suspended. This is up to the superintendent but don't be surprised if your friend receives a letter in the mail telling him to surrender his license. The suspension will likely range from 3-6 months and will result in your friend needing to restart his class 7N.

2. Not too sure how likely this is. A 24 hr will be noted pretty quickly and the letter should soon follow it. It isn't like a ticket where you can dispute and wait for the court date. It is entered in right away.
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Old 02-26-2010, 05:28 PM   #3
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I know I'm not contributing but this is the Dumbest thing I've heard in a while.
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Last edited by skidmark; 02-26-2010 at 09:03 PM. Reason: language
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Old 02-26-2010, 05:30 PM   #4
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okay since its recorded asap, will ICBC not allow my friend to take the class 5 exam? i had some outstanding tickets previously and ICBC told me i had to pay them before i took my class 5... i rmb that at the end of my exam i had to sign somewhere where it says you agree that you are

1. currently not suspended
2. dont have any medical or physical conditions
3. something else not important

if my friend received his license after his 24hrs but the letter of suspension from the superintendent did not arrive yet, it means hes technically NOT suspended, therefore he can legitimately sign it right?
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Old 02-26-2010, 05:33 PM   #5
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I know I'm not contributing but this is the Dumbest thing I've heard in a while.
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how so? im posting a question on the police forum since my friends and i are unclear about the law.

Last edited by skidmark; 02-26-2010 at 09:03 PM.
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Old 02-26-2010, 05:43 PM   #6
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Don't take it wrong I don't mean your post and question is dumb, this is the perfect place to ask and you're actually a great friend to go help retrieve information.

I was referring to the scenario in itself that is dumb, as in getting blitzed then driving contraru to restrictions, putting the driver and his two friend's lives at risk.
Now that is dumb.
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Old 02-26-2010, 05:57 PM   #7
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Originally Posted by illicitstylz View Post
Don't take it wrong I don't mean your post and question is dumb, this is the perfect place to ask and you're actually a great friend to go help retrieve information.

I was referring to the scenario in itself that is dumb, as in getting blitzed then driving contraru to restrictions, putting the driver and his two friend's lives at risk.
Now that is dumb.
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yah its stupid to break the law but i guess this is the consequences we have to face

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Old 02-26-2010, 07:18 PM   #8
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Originally Posted by illicitstylz View Post
Don't take it wrong I don't mean your post and question is dumb, this is the perfect place to ask and you're actually a great friend to go help retrieve information.

I was referring to the scenario in itself that is dumb, as in getting blitzed then driving contraru to restrictions, putting the driver and his two friend's lives at risk.
Now that is dumb.
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+1

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Old 02-26-2010, 09:54 PM   #9
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yah its stupid to break the law but i guess this is the consequences we have to face
Or... appreciate the privilege of driving and don't break the laws. Especially when you've got your "N"...

More than 1 passenger... ticket.
Drugs at all, stupid... lose licence.

I am glad there are idiots like your friend getting caught. It renews my faith in the system!! It is working!
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Old 02-26-2010, 11:05 PM   #10
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go system! should also note that it's kinda nice you're posting this instead of your friend, usually the person who directly got caught is all whiny and "screw the police" (case in point: kid I know is b*tching about ICBC, because he got pulled over with 3 people in the car, no N up, and blew a 0.02 and thus lost his license )
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Old 02-26-2010, 11:11 PM   #11
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oniyou stop bullshitting it was your friend. it was you, your just saying your friend so you dont get embarressed... why would you care about the action your friend caused himself.
it's always someones friend, but not them.... right.
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Old 02-27-2010, 12:22 AM   #12
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oniyou stop bullshitting it was your friend. it was you, your just saying your friend so you dont get embarressed... why would you care about the action your friend caused himself.
it's always someones friend, but not them.... right.
well im honestly asking for a friend because i was there with him when it happened and i feel really bad that he had to take the fall for all of us.

im only trying to have my question answered by asking people here in the police forum, i dont need you to be sniffing up my ass and i rly dont care if you dont believe my story
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Old 02-27-2010, 12:29 AM   #13
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I think that he may have his license taken away.

A guy that goes to my school got pulled over once, with no passengers but had alcohol in him, which was illegal cause he's an N driver too, and then got his license suspended for 3 or 6 months and has to restart the 24 month N process now.

But I think it is up to the Police Officer... this guy also had a few speeding tickets and a few tickets for having too many people in his car so those came into effect when being reviewed I guess
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Old 02-27-2010, 12:45 AM   #14
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well im honestly asking for a friend because i was there with him when it happened and i feel really bad that he had to take the fall for all of us.

im only trying to have my question answered by asking people here in the police forum, i dont need you to be sniffing up my ass and i rly dont care if you dont believe my story
not hating, was just curious because lots of people always mention their friends instead of themselves... carry on.
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Old 02-27-2010, 02:05 AM   #15
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I think that he may have his license taken away.

A guy that goes to my school got pulled over once, with no passengers but had alcohol in him, which was illegal cause he's an N driver too, and then got his license suspended for 3 or 6 months and has to restart the 24 month N process now.

But I think it is up to the Police Officer... this guy also had a few speeding tickets and a few tickets for having too many people in his car so those came into effect when being reviewed I guess
Suspending your license isn't up to the police.

It is the superintendent of motor vehicles
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Old 02-27-2010, 02:20 AM   #16
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1. Yes, he will be most likely be suspended. When you are on your class 7L or 7N, a 24hours suspension will get you suspended. This is up to the superintendent but don't be surprised if your friend receives a letter in the mail telling him to surrender his license. The suspension will likely range from 3-6 months and will result in your friend needing to restart his class 7N.

2. Not too sure how likely this is. A 24 hr will be noted pretty quickly and the letter should soon follow it. It isn't like a ticket where you can dispute and wait for the court date. It is entered in right away.
this here is your answer

get the class 5 as soon as possible is what i always say
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Old 02-27-2010, 02:52 AM   #17
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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

also if the driver really wants to get into it, he should A)consult a lawyer B) if it is within 7 days of the 24 hour suspension and he is concerned with losing his license to actually fight the suspension. You have to go to an ICBC centre and file the dispute. Make sure it is oral because the written one's are useless... and USE A LAWYER... Also ask for full disclosure. The ICBC office should be able to give it to you on the spot. If you win the dispute the 24 hour suspension with be wiped from his file and he will also receive a refund for the tow/impound fee. Did the driver admit to smoking weed? What is the proof that he was intoxicated etc. Did they do a blood test? etc etc.... If he is afraid of losing his license and can't get a class 5 in time this is his only hope and the few thousand a lawyer may cost could save him 3-6 months of having no license... And the best part most GOOD lawyers will only take the case if there is a chance in winning so it wouldn't hurt to have a chat with one! BUT REMEMBER he only has 7 DAYS from the issue of the 24 hour...

Good luck... and tell your friend to not be such a dumbass next time!
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Old 02-27-2010, 08:09 AM   #18
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Everytime I see the above article, it makes me RAGE.
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Old 02-27-2010, 08:14 AM   #19
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And the assertion is only half right. The article speaks of burned marihuana, so unburned scent would be grounds. Of course, that decision can always be reversed by higher courts as well.
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Old 02-27-2010, 08:26 AM   #20
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In this case, the driver or one of the passengers probably admitted to consuming/smoking.
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Old 02-27-2010, 05:13 PM   #21
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In this case, the driver or one of the passengers probably admitted to consuming/smoking.
yah... we all just finished toking up before my friend got pulled over. they all looked high and my driver friend is known for having bloodshot eyes when hes baked. the police officer was like " just be honest here i can smell it, its fresh " and then my friends just admitted to smoking up.
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Old 02-27-2010, 07:27 PM   #22
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Suspending your license isn't up to the police.

It is the superintendent of motor vehicles
But reporting it and the choice of words the officer puts into the report is up to the officer.
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Old 02-27-2010, 09:14 PM   #23
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Just a thought here, but was the driver administered any sort of roadside test by the officer? Or did he admit to having smoked up?

Because without either of these, it would be pretty hard for the cop to prove that THE DRIVER had been toking, based just on the smell - the passengers could have had a couple puffs just before getting into the car, and the whole vehicle would reek... wouldn't mean the driver was impaired at all.

Edit: NVM, just saw the post two north of here... buddy fails for admitting anything. :P
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Old 02-28-2010, 01:51 AM   #24
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Just a thought here, but was the driver administered any sort of roadside test by the officer? Or did he admit to having smoked up?

Because without either of these, it would be pretty hard for the cop to prove that THE DRIVER had been toking, based just on the smell - the passengers could have had a couple puffs just before getting into the car, and the whole vehicle would reek... wouldn't mean the driver was impaired at all.

Edit: NVM, just saw the post two north of here... buddy fails for admitting anything. :P
yah that might work but too bad they arent smart enough to think of that on the spot haha
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Old 02-28-2010, 02:01 AM   #25
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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...
yea but if cops start to search your car and you don't say that u refuse consent than they can

silence pretty much means consent cause they will always say you never said anything.

In this case these guys admitted to smokin up so I'm guessin they were lookin to get on the officers good side and not pull the no consent card.
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