Police Forum Police Head Mod: Skidmark
Questions & info about the Motor Vehicle Act. Mature discussion only. |
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07-05-2010, 03:13 PM
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#1 | | NOOB, Not Quite a Regular!
Join Date: Jan 2010 Location: Vancouver
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| Help...Confused and Scared...Driving while Prohibited
My situation is a bit complicated...
I have received a notice of prohibition for a 2 month period. I have signed and attach my license and sent it a couple weeks ago. However, one night I had to drive my friend back to Coquitlam... he just arrived to Canada and he wouldn't be able to get home by skytrain and bus because it is too late.
Anyways I was caught, the police said he took a pic of my licence plate and the system said I don't have a license.
My license actually expired in Feb but I didn't notice. Plus now I have sent my license back so I could not renew it anyways... However, when the police was asking for my license and registration paper, I found my old license in my car and passed it to him.
He went back to check and come back and tell me that my license has expired, therefore I couldn't drive anymore. I called my friend to come pick me and my car up. He wrote me a ticket of "No Driver's License", 24(1).
I am confused and very scared of being charged of driving while prohibited....
Now would what kind of problem is ahead of me? and what should I do for myself?
Please help me...
Last edited by iambeetle; 07-05-2010 at 09:27 PM.
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07-05-2010, 03:57 PM
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#2 | | Pull Out Towing. Women rescued for free.
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Kill yourself now.
/thread
At the time, you didn't think it was a big deal to drive with a suspended liscence and after you get caught, you are confused and scared. Good job.
__________________ Originally posted by Iceman_19 you should have tried to touch his penis. that really throws them off. Originally posted by The7even SumAznGuy > Billboa Originally posted by 1990TSI SumAznGuy> Internet > tinytrix Quote:
Originally Posted by tofu1413  and icing on the cake, lady driving a newer chrysler 200 infront of me... jumped out of her car, dropped her pants, did an immediate squat and did probably the longest public relief ever...... steam and all. | (11-0-0) Buy/Sell rating Christine Shitvic Pull Out Towing | |
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07-05-2010, 04:01 PM
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#3 | | HELP ME PLS!!!
Join Date: Jan 2004 Location: here
Posts: 5,793
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ever heard of a taxi?....
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07-05-2010, 04:04 PM
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#4 | | Proud to be called a RS Regular!
Join Date: Dec 2006 Location: YVR
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| Quote:
Originally Posted by iambeetle My situation is a bit complicated...
I am confused and very scared of being charged of driving while prohibited....
| Haha funny story.
So i heard that the heat wave was expected in this week? Maybe i should wash my car sometime soon?
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07-05-2010, 08:47 PM
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#5 | | Proud to be called a RS Regular!
Join Date: May 2010 Location: White Rock
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I think it's too late at this point... Just be glad you didn't run someone over.
What are the exact charges again? Is it 3 months suspension and like 10 DPP on your record?
Edit: Can they actually tell if your license is prohibited just by scanning your license plate? I don't think that's true..?
Last edited by mkchoi0801; 07-05-2010 at 10:28 PM.
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07-05-2010, 10:50 PM
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#6 | | Rs has made me the man i am today!
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When a plate is run you get back the principle operator's driving licence status. You can also run the registered owners DL status if its not the same as the R/O.
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07-05-2010, 11:39 PM
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#7 | | Everyone wants a piece of R S...
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Ninjatune is right!!!
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07-06-2010, 07:17 AM
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#8 | | NOOB, Not Quite a Regular!
Join Date: Jan 2010 Location: Vancouver
Posts: 40
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I don't know if I will be charged of driving while prohibited... the ticket the police wrote was "no driver's license" and he did not mention anthing about driving while prohibited.
I am wondering if I pay for the ticket now... will they send me a court date later? like will they try to find out if I was driving while prohibited?
I will never drive again in this prohibited period... lesson learned... I just wanna know what is going to happen to me... please help...
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07-06-2010, 08:15 AM
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#9 | | RS Peace Officer
Join Date: Feb 2007 Location: Vancouver Islan
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Sounds like you got an immediate break that will later come back after you. Yes you were driving without a valid DL BUT you were also driving while prohibited. The officer who gave you the no DL ticket will get a notice from MVB telling them that you were prohibited when issued the VT and they will then proceed with a prohib driving charge...or they should. I guess that possibly your prohib period had not yet been entered on ther MVB database because you just sent it back a couple of weeks ago?
I don't know why the prohib charges were not procceeded with on the spot. Simple thing to issue you with an appearance notice for a court date some 6 to 8 weeks later and then write the file up later. They know it was you because you produced your old DL, so identificaton is not an issue. Not sure if the no DL ticket may be cause for a case of double jeopardy now? That will be up to crown Council to decide.
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07-06-2010, 02:13 PM
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#10 | | I bringith the lowerballerith
Join Date: Oct 2006 Location: PR
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I always issue a "No Drivers Licence" ticket when dealing with a prohibited driver. There hasn't been any issues with that at the time of trial.
__________________
"Never give a match up halfway through. Never say that you do not feel up to it, that your condition is bad, and throw in the towel. Fight to the very end, always looking for your chance to break through." - Kazuzo Kudo
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07-06-2010, 03:14 PM
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#11 | | RS Peace Officer
Join Date: Feb 2007 Location: Vancouver Islan
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I've had Crown bounce them back and we were given specific instructions to NOT issuse VTs because the offence had already been dealt with. Your CC and mine may have different ideas.? Most where I worked had very little MV Act experience and hated to handle the cases.
Last edited by zulutango; 07-06-2010 at 03:20 PM.
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07-06-2010, 04:33 PM
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#12 | | Banned (BBM)
Join Date: Dec 2009 Location: poco
Posts: 46
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driving without a licence is very bad.! i believe if u have a second offence driving without a licence you get 14 days in jail. icbc will probly bump ur prohibition up to 2 years now lol, sucks to be you.
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07-06-2010, 04:59 PM
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#13 | | I bringith the lowerballerith
Join Date: Oct 2006 Location: PR
Posts: 1,140
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I can see it both ways (double jeopardy vs not), but have been instructed by our traffic guys as well as Crown to load up the violation tickets when it comes to a straight-forward Prohibited driver (ie. not an impaired file where the driver is also prohib)
__________________
"Never give a match up halfway through. Never say that you do not feel up to it, that your condition is bad, and throw in the towel. Fight to the very end, always looking for your chance to break through." - Kazuzo Kudo
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07-06-2010, 06:31 PM
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#14 | | I subscribe to Revscene
Join Date: Nov 2006 Location: Victoria
Posts: 1,978
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| Quote:
Originally Posted by ninjatune When a plate is run you get back the principle operator's driving licence status. You can also run the registered owners DL status if its not the same as the R/O. | Just the status or does it show record of violations, etc...?
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07-06-2010, 06:33 PM
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#15 | | I bringith the lowerballerith
Join Date: Oct 2006 Location: PR
Posts: 1,140
Thanked 253 Times in 131 Posts
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We're able to see both operator status and driving record Posted via RS Mobile | |
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07-06-2010, 07:03 PM
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#16 | | Rs has made me the man i am today!
Join Date: Aug 2002 Location: LMD
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Island crown's apparently bounce a lot back, such as impaireds and drive w/out due care VT's from the same incident. On the mainland it's hit and miss... I'd keep writing them both just in case the crown that day accepts it.
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07-08-2010, 11:46 AM
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#17 | | Where's my RS Christmas Lobster?!
Join Date: Jan 2010 Location: vancouver
Posts: 827
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To OP: Dude, I've been through that when I was 16 (long time ago).
If u drive while u're prohibited, then it goes up to 1 year from 1,2,3 months.
THen you have points to pay off. It's about $160 per 4 points.
ALSO, You're lucky the cop didn't impound your car. Driving while prohibited can result the vehicle being impounded for a MINIMUM of 60 days.
The fact that he let you guys go was a miracle as it is.
I have a pending prohibition case right now, and if I get rejected. I'll take the fucking bus. Simple as that. NO reason's a good reason to drive prohibited. (well, maybe if the world was ending)
Good luck. Time to face the music.
Last edited by skidmark; 07-08-2010 at 05:04 PM.
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07-08-2010, 04:28 PM
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#18 | | Rs has made me the woman i am today!
Join Date: Jan 2002 Location: ?
Posts: 4,331
Thanked 894 Times in 157 Posts
| Quote:
Originally Posted by iambeetle My situation is a bit complicated...
I have received a notice of prohibition for a 2 month period. I have signed and attach my license and sent it a couple weeks ago. However, one night I had to drive my friend back to Coquitlam... he just arrived to Canada and he wouldn't be able to get home by skytrain and bus because it is too late.
Anyways I was caught, the police said he took a pic of my licence plate and the system said I don't have a license.
My license actually expired in Feb but I didn't notice. Plus now I have sent my license back so I could not renew it anyways... However, when the police was asking for my license and registration paper, I found my old license in my car and passed it to him.
He went back to check and come back and tell me that my license has expired, therefore I couldn't drive anymore. I called my friend to come pick me and my car up. He wrote me a ticket of "No Driver's License", 24(1).
I am confused and very scared of being charged of driving while prohibited....
Now would what kind of problem is ahead of me? and what should I do for myself?
Please help me... |
dispute the ticket. get a lawyer to fight it for you. If you manage to win you won't get the driving while prohibited ticket. Never been in this situation but I'm pretty sure thats how it would go.
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07-09-2010, 04:02 PM
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#19 | | I bringith the lowerballerith
Join Date: Oct 2006 Location: PR
Posts: 1,140
Thanked 253 Times in 131 Posts
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Incorrect. The onus is on the driver to prove that he was licenced at the time. All the police officer has to do is request a copy of the driver's licence status on that time and date to show that he was correct in issuing that ticket.
If the police officer forgets to mention something in his evidence that happens to have the ticket thrown out, I'm positive that the Crown Prosecutor (Provincial Crown deals with Prohibited Driving charges) will make sure that it isn't forgotten in that trial.
There is no "ticket" for Prohibited Driving. It is a formal charge that is heard in a Provincial Court in front of a Judge with a Provincial Crown prosecuting, ideally an attorney for the defendant and the police officer is called upon as a witness.
__________________
"Never give a match up halfway through. Never say that you do not feel up to it, that your condition is bad, and throw in the towel. Fight to the very end, always looking for your chance to break through." - Kazuzo Kudo
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07-09-2010, 07:49 PM
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#20 | | Where's my RS Christmas Lobster?!
Join Date: Jan 2010 Location: vancouver
Posts: 827
Thanked 184 Times in 106 Posts
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/thread.
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07-09-2010, 11:30 PM
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#21 | | Proud to be called a RS Regular!
Join Date: May 2010 Location: White Rock
Posts: 137
Thanked 4 Times in 4 Posts
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Thank you, why don't you become a mod first?
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07-10-2010, 04:06 AM
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#22 | | I bringith the lowerballerith
Join Date: Oct 2006 Location: PR
Posts: 1,140
Thanked 253 Times in 131 Posts
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me? I don't need to become a moderator to provide correct information. The current moderators do a great job as-is.
__________________
"Never give a match up halfway through. Never say that you do not feel up to it, that your condition is bad, and throw in the towel. Fight to the very end, always looking for your chance to break through." - Kazuzo Kudo
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07-10-2010, 10:06 AM
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#23 | | Proud to be called a RS Regular!
Join Date: May 2010 Location: White Rock
Posts: 137
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No not you, the info you share is great. Was just pointing to bellpepper trying to be cool or whatever he was trying to do there.
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07-10-2010, 03:32 PM
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#24 | | Where's my RS Christmas Lobster?!
Join Date: Jan 2010 Location: vancouver
Posts: 827
Thanked 184 Times in 106 Posts
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What? As compared to SumAznGuy's post all the way up there?
And seriously, you're gonna address someone, get their names right.
I understand the guy needs help, but seriously? For DRIVING WHILE PROHIBITED?!
That doesn't deserve any help at all.
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07-10-2010, 03:40 PM
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#25 | | Proud to be called a RS Regular!
Join Date: May 2010 Location: White Rock
Posts: 137
Thanked 4 Times in 4 Posts
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I swear your ID was bellpepper the first time I saw it man... sorry haha.
Like it's been said many times, people make stupid mistakes and this was one of them. I feel that this board is there to provide suggestions and help in the future and you don't meet any requirements to say that this thread is closed, that's all I had to say.
Edit: sorry I completely missed that guy's post, but his whole post was a joke so I didn't take it seriously anyways.
Last edited by mkchoi0801; 07-10-2010 at 03:51 PM.
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