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Questions & info about the Motor Vehicle Act. Mature discussion only. |
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09-22-2010, 08:02 PM
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#1 | | Retired Traffic Cop
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| DriveSmartBC - Blowing a Warn
It is after September 20, 2010 and you have just been tested for blood alcohol at the roadside and the screening device registered a "warn." The officer has served you with a notice of driving prohibition and has ordered a tow for your vehicle. How do you challenge this action?
Your first avenue of review is to immediately demand a second test. The officer will then arrange to test you again using a different approved screening device than the one that registered the warn. You are both bound by the outcome of this second test. If your sample is under 50, the prohibition will be terminated and the impound canceled. If it is still a warn, the action will proceed. However, if you were a borderline case and the second instrument indicates a "fail," you will now be subject to the Immediate Roadside Prohibition process.
At this point, there is no going back to the first test regardless of whether it favours you or not, so make your decision to demand the second test wisely.
Your next avenue of possibility will take place later. You will have to apply for a review by the Office of the Superintendent of Motor Vehicles. This will mean completing the appropriate forms and paying the necessary review fees. If you are successful, the Superintendent will revoke all fees associated with the prohibition.
Finally, this prohibition may be reviewed by the courts. You would probably be wise to consult legal counsel to assist you with this step. No Reference Links
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09-22-2010, 08:55 PM
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#2 | | WOAH! i think Vtec just kicked in!
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is it true that only certified officers are eligible to perform the breathalyzer test?
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Originally Posted by Graeme S  More than half of the problem is stupidity, not malice. | | |
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09-22-2010, 10:46 PM
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#3 | | RS controls my life!
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oh, i have a better idea... don't drink and drive...
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09-22-2010, 11:44 PM
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#4 | | Rs has made me the man i am today!
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All officers on the road have been trained on the ASD's... Only a BAC technition can operate the Datamaster.
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09-23-2010, 05:10 AM
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#5 | | I bringith the lowerballerith
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| Quote:
Originally Posted by JHatta is it true that only certified officers are eligible to perform the breathalyzer test? | That is true. Quote:
Originally Posted by jackal oh, i have a better idea... don't drink and drive... | This would be an ideal scenario. Quote:
Originally Posted by ninjatune All officers on the road have been trained on the ASD's... Only a BAC technition can operate the Datamaster. | Not true. The large majority have, but not everyone has been trained on the use of the ASD.
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09-23-2010, 01:08 PM
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#6 | | I WANT MY 10 YEARS BACK FROM RS.net!
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| Quote:
Originally Posted by jackal oh, i have a better idea... don't drink and drive... | Quote:
Originally Posted by sho_bc This would be an ideal scenario. | No no... the new penalties are a TAX GRAB, didn't you know that? The government, ICBC and the police need more money, so they WANT you to drink and drive, so they can rape your wallet! 
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09-23-2010, 02:55 PM
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#7 | | Banned (ABWS)
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Apparently they do, since they sure are not extending Skytrain and bus operating times...
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09-23-2010, 03:01 PM
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#8 | | I bringith the lowerballerith
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Originally Posted by bengy Apparently they do, since they sure are not extending Skytrain and bus operating times... | And the police, government and ICBC have control over Translink?
The cost of running trains, buses and employees between 2am and 5am (or whenever their last and first times are) would not come anywhere near the income needed to sustain it. That is why taxis are a phone call away, 24/7.
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"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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09-23-2010, 03:22 PM
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#9 | | Banned (ABWS)
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The government made this law. They didn't make it because it will keep people safe. If they were actually concerned about safety, they would implement other measures.
I doubt running the Skytrain a few extra hours would incur a huge cost to Translink.
Also, have you tried catching a cab downtown at 3 AM on a weekend?
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09-23-2010, 03:48 PM
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#10 | | Rs has made me the man i am today!
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Originally Posted by sho_bc Not true. The large majority have, but not everyone has been trained on the use of the ASD. | It must be a mountie thing then....
I should rephrase to all muni's are trained on the ASD in block I
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09-23-2010, 05:19 PM
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#11 | | I am grateful grapefruit
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Originally Posted by bengy I doubt running the Skytrain a few extra hours would incur a huge cost to Translink.
Also, have you tried catching a cab downtown at 3 AM on a weekend? | If you did the math, and calculated how many people would take transit, Translink would lose a decent amount of money. If you've ever taken a night bus at night, you can see that even those are pretty empty - I wouldn't expect Skytrains to be much fuller, and those take quite a few more resources to run.
Maybe i'm just biased. I came back from London - where the last tube can be as early as 11:45 at some stations. Sure - the night bus is quite substantial, but considering how sprawled the city is, it took me 2 hours to get home once - which I guess is better than a £30 cab ride home.
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09-23-2010, 07:08 PM
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#12 | | I *heart* Revscene.net very Muchie
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Originally Posted by bengy The government made this law. They didn't make it because it will keep people safe. If they were actually concerned about safety, they would implement other measures. | Hey now.. the provincial government is run by a convicted drunk driver. I'm surprised he let them put these laws in motion!
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Don't be the next RS.net statistic - If you drink, don't drive. You'll lose your licence, and the rest of us will laugh at you.
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09-23-2010, 08:41 PM
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#13 | | Retired Traffic Cop
Join Date: Oct 2001 Location: Nanoose Bay, BC
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Originally Posted by JHatta is it true that only certified officers are eligible to perform the breathalyzer test? | Yes, that is true.
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Have you ever met anyone that would admit to being less than a better than average driver ??
Learn more at DriveSmartBC | |
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09-23-2010, 08:47 PM
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#14 | | WOAH! i think Vtec just kicked in!
Join Date: Jan 2006 Location: richmond
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Can you only demand a second test if you have blown a warn? Or is it eligible if you have blown a fail?
How do you know if the officer is certified or not? I have heard of one case where an officer pulled over someone and was not allowed to perform a breathalyzer (not certified). She admitted this to the driver before performing the test.
__________________ Quote:
Originally Posted by Graeme S More than half of the problem is stupidity, not malice. | | |
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09-24-2010, 01:43 AM
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#15 | | I WANT MY 10 YEARS BACK FROM RS.net!
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Originally Posted by bengy The government made this law. They didn't make it because it will keep people safe. If they were actually concerned about safety, they would implement other measures. | Okay... like what?
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Originally Posted by Brianrietta Not a sebberry post goes by where I don't frown and think to myself "so..?" | | |
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09-24-2010, 05:26 AM
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#16 | | RS Peace Officer
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Are you suggesting that they adopt the penalties for impaired driving that some middle eastern countries use...eg firing squads ? Sure prevents repeat offenders.
"
In some countries, drinking and driving is punishable by death. A first time offense in El Salvador leads to execution by firing squad, while a second offense in Bulgaria also leads to execution.
Some countries are more creative in their attempts to keep the inebriated off the road. Turkey, for example, punishes drunk drivers by taking them 20 miles from their town and making them walk back with a police escort. In Poland, drunk drivers are subject to jail, fine, and even worse, mandatory attendance at political lectures. In Malaya, if a man is caught driving drunk he is jailed. If he is married, his wife is jailed, too. In Costa Rica, the license plates are removed immediately from the cars of those who drink and drive
Read more: http://blogcritics.org/culture/artic...#ixzz10SBGncqU | |
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09-24-2010, 11:35 AM
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#17 | | Retired Traffic Cop
Join Date: Oct 2001 Location: Nanoose Bay, BC
Posts: 9,025
Thanked 125 Times in 68 Posts
| Quote:
Originally Posted by JHatta Can you only demand a second test if you have blown a warn? Or is it eligible if you have blown a fail?
How do you know if the officer is certified or not? I have heard of one case where an officer pulled over someone and was not allowed to perform a breathalyzer (not certified). She admitted this to the driver before performing the test. | You can demand a second test in either case.
You have to ask the officer if they are certified. The defence lawyer certainly will, so there is no point in not being certified and using the device.
There are two different certifications required for breath testing. One covers the operation of a roadside screening device and the other an in detachment instrument like the Breathalyzer or Datamaster.
__________________
Have you ever met anyone that would admit to being less than a better than average driver ??
Learn more at DriveSmartBC | |
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09-24-2010, 12:15 PM
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#18 | | RS Veteran
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I've gotta ask. The part where people blow into, is it disposable? Does it get cleaned after each use? How does that work?
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09-24-2010, 12:59 PM
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#19 | | Banned (ABWS)
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^ LOL
Yes, it is disposable. We're not living in India.
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09-24-2010, 01:05 PM
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#20 | | Banned (ABWS)
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Originally Posted by Soundy Okay... like what? | I suggested transit running a few hours longer on major routes.
I'm sure there's SOMETHING that can be done better to PREVENT drinking and driving, instead of increasing the level of punishment.
Oh, and before someone brings up those crap services that drive your drunk ass home, those guys stop at 12 or 1 AM as far as I know.
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09-24-2010, 01:18 PM
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#21 | | Rs has made me the man i am today!
Join Date: Aug 2002 Location: LMD
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Yes something can be done... It sounds something like this:
Drivers make their own responsible decisions. Everyone is capable but not many are willing.
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09-24-2010, 01:33 PM
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#22 | | I WANT MY 10 YEARS BACK FROM RS.net!
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Originally Posted by bengy I suggested transit running a few hours longer on major routes. | As already noted, that's not in "the government's" purview. Quote: |
I'm sure there's SOMETHING that can be done better to PREVENT drinking and driving, instead of increasing the level of punishment.
| So you don't actually have any viable suggestions... just bitching? Quote: |
Oh, and before someone brings up those crap services that drive your drunk ass home, those guys stop at 12 or 1 AM as far as I know.
| So you like to just whinge on the 'net without actually having any facts? http://www.keysplease.net/Designated%20Driver.htm Quote: |
Keys Please® The Driving Alternative® operates 7 days a week, 365 days a year. We are a year-round service.
| http://www.asaferide.ca/
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Originally Posted by Godzira Does anyone know how many to a signature? | ..
Quote:
Originally Posted by Brianrietta Not a sebberry post goes by where I don't frown and think to myself "so..?" | | |
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09-24-2010, 01:36 PM
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#23 | | I WANT MY 10 YEARS BACK FROM RS.net!
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Originally Posted by zulutango In Poland, drunk drivers are subject to jail, fine, and even worse, mandatory attendance at political lectures. | Can they OPT for the firing squad?? Quote: |
In Malaya, if a man is caught driving drunk he is jailed. If he is married, his wife is jailed, too.
| I'd think the firing squad would be preferable in this case as well...
__________________ Quote:
Originally Posted by Godzira Does anyone know how many to a signature? | ..
Quote:
Originally Posted by Brianrietta Not a sebberry post goes by where I don't frown and think to myself "so..?" | | |
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09-24-2010, 01:52 PM
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#24 | | Banned (ABWS)
Join Date: Mar 2005 Location: Vancouver
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Originally Posted by Soundy As already noted, that's not in "the government's" purview. How do you know? Cuz some guy on RS said so right??
So you don't actually have any viable suggestions... just bitching? Do you? Or you just prefer to bend over to anything the government imposes on you?
So you like to just whinge on the 'net without actually having any facts? I'm not sure what whinging is? http://www.keysplease.net/Designated%20Driver.htm http://www.asaferide.ca/ Like I said, wasn't too sure about those services. Never used them. | See bolded sections.
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09-24-2010, 03:10 PM
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#25 | | I WANT MY 10 YEARS BACK FROM RS.net!
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Originally Posted by bengy See bolded sections. | Is using the quote function too difficult for you? Quote: |
As already noted, that's not in "the government's" purview. How do you know? Cuz some guy on RS said so right?? | Actually, because I try to keep up with what's going on in the world, rather than just randomly shooting my mouth off on the 'net. I also know how to use the internet to look things up... http://www.translink.ca/en/About-TransLink.aspx Quote: About TransLink
TransLink is Metro Vancouver’s regional transportation authority. We are responsible for regional transit, cycling and commuting options as well as AirCare and Intelligent Transportation System programs.
| Got an issue with how transit works, talk to TransLink; don't blame "the government". Quote: |
So you don't actually have any viable suggestions... just bitching? Do you? Or you just prefer to bend over to anything the government imposes on you? | I actually don't have a problem with the new penalties, because I'm not an idiot who feels the need to get drunk and fly down the road at insane speeds. Maybe that's just something that comes with maturity... Quote: |
So you like to just whinge on the 'net without actually having any facts? I'm not sure what whinging is? | How can you have been on the Internet for any more than 10 minutes and not know what whinging is? http://lmgtfy.com/?q=whinge <-- clicky clicky But you know enough to comment: "Oh, and before someone brings up those crap services that drive your drunk ass home, those guys stop at 12 or 1 AM as far as I know."?
"As far as you know" apparently isn't very far at all.
__________________ Quote:
Originally Posted by Godzira Does anyone know how many to a signature? | ..
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Originally Posted by Brianrietta Not a sebberry post goes by where I don't frown and think to myself "so..?" | | |
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