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Questions & info about the Motor Vehicle Act. Mature discussion only. |
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05-24-2011, 12:03 PM
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#1 | | Revscene.net has a homepage?!
Join Date: Aug 2008 Location: vancouver
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| "possibly driving while prohibited"
I simply have never been in this position, and would like advice of how to proceed.
Long story short, (coles notes), i was pulled over for a DUI about 1.5 months ago.
Police gave me 24hr driving prohibition.
Towed and impounded my car for 24hrs.
Took my drivers license.
One police officer verbally told me that ill also be recieving a 90 day suspension.
I proceeded to see a criminal defense lawyer that deals with driving prohibition.
He told me that it doesnt say anything about a 90day prohibition on the paper work i got from the police.
Lawyer said i can go down to the DMV and get my license back.
He also said that they might mail me the notification for the suspension. (till now, post 1.5months, i still have not recieved this notification.)
Doing like what he told me, i went down to a local icbc branch and got my license back. (got the yellow interm slip until a few weeks ago when they mailed me the actual drivers license card)
All seemed to have gone well. So i went out and bought a new car last week. and insured it under my name.
Yesterday driving back from Metrotown. There was a police road check.
An officer came onto the road and guided me to pull over in a parking lot where 5 other officers were pulling over other drivers.
I asked the officer why i was pulled over, and he said, "Theres an unmarked police car up the road scanning every cars license plates, and yours came up as "POSSIBLY DRIVING WHILE PROHIBITED".
This came as a complete surprise and shock to me since i actually got my license back. and i have been driving for 1 month.
The police did not issue me a ticket. But he took my license, and towed and impounded my car until the end of July (when my "supposedly" 90days was supposed to end)
He issued me an Appearance Notice in court as well for July.
MY QUESTION:
-if im still "suspended" from driving, why was my drivers license issued back to me?
- what does "possibly driving while prohibited" mean? POSSIBLY???? WTF?
-WHAT AM I SUPPOSED TO DO NOW? GET A LAWYER INVOLVED?
SUMMARY:
police took my license away, gave it back, and took it away AGAIN!
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05-24-2011, 12:55 PM
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#2 | | Diagonally parked in a parallel universe
Join Date: Aug 2009 Location: Coquitlam
Posts: 1,476
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Is it possible you were mailed a suspension you haven't yet received or didn't receive?
Do you have an N?
Suspensions from a license review can take some time (my sister got one a month and a half after the ticket that triggered it).
Have you called ICBC to find out the status of your license and if a suspension was issued that you may not have gotten?
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05-24-2011, 01:10 PM
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#3 | | Revscene.net has a homepage?!
Join Date: Aug 2008 Location: vancouver
Posts: 1,259
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No i have full class 5,6
Just called icbc, and i am suspended. I just havent received anything.
guess im fucked either way.
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05-24-2011, 01:15 PM
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#4 | | I am grateful grapefruit
Join Date: Mar 2005 Location: Vancouver
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is the address you have on file correct?
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05-24-2011, 01:32 PM
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#5 | | Revscene.net has a homepage?!
Join Date: Aug 2008 Location: vancouver
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yes, ive been living with the same address for 10+ years.
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05-24-2011, 01:55 PM
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#6 | | Diagonally parked in a parallel universe
Join Date: Aug 2009 Location: Coquitlam
Posts: 1,476
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Is your mail secure?
I have had stuff stolen our of my apartment mail before so I have all important documents (insurance and the like) sent to my office now.
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05-24-2011, 02:47 PM
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#7 | | RS Peace Officer
Join Date: Feb 2007 Location: Vancouver Islan
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In the meantime how about contacting the Police Dept who issued the original paperwork to see what they have to say? Maybe they can fill you in. A normal 24 hour suspension is that. If you were charged with refusal/impaired then the 90 day prohibition could be involved. You say DUI so is that what you mean?
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05-24-2011, 03:23 PM
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#8 | | Revscene.net has a homepage?!
Join Date: Aug 2008 Location: vancouver
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yes. dui as i drinking.
i called today, and what they told me was im suspended for 90days. and that possibly i can get a 1yr suspension put on when my court date arises.
its messed up because, why was i able to get my license back in the first place.
my mail box is secure. ive never had an issue with it before.
i even called icbc today to check on my license status, and even they said its suspended.
and this leads me asking again, why i got my license back. and why am i able to insure a vehicle.
im so stunned with all this because i just picked up my car 5 days ago, and now its being impounded for 7 days. with the possiblity 1yr suspension added on
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05-24-2011, 04:40 PM
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#9 | | Rs has made me the man i am today!
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They gave it back so that they can milk more money from you! On a serious note, lawyer up again. Posted via RS Mobile | |
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05-24-2011, 05:01 PM
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#10 | | RS Peace Officer
Join Date: Feb 2007 Location: Vancouver Islan
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[QUOTE=hi-revs;7446104]yes. dui as i drinking.
So were you charged under the criminal code or a provincial suspension? The paperwork you were served at the time will tell what you were charged with. It is normal practice to serve you all the appropriate paperwork at roadside at the time you are released there. If it was criminal code you were likely given an appearance notice or promise to appear for an upcoming court date. If it was provincial then you were likely issued a copy of the 215 suspension form...it's about 1/2 the size of a licence plate...and the 90 day paperwork sheet and vehicle impound apperwork is a full sized sheet...carbon copy, usually blue. Both have instructions on them.
If your DL was given back to you then that is the usual process for a 215 MV Act 24 hour suspension after 24 hours has expired, not a 90 day prohibition. Like others said, if you have legal questions then you should talk to someone who actually knows what they are doing, a lawyer.
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05-24-2011, 07:04 PM
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#11 | | Retired Traffic Cop
Join Date: Oct 2001 Location: Nanoose Bay, BC
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What were your breath test results from your DUI?
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05-24-2011, 11:01 PM
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#12 | | I subscribe to Revscene
Join Date: Nov 2006 Location: Victoria
Posts: 1,978
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| Quote:
Originally Posted by hi-revs  "POSSIBLY DRIVING WHILE PROHIBITED".
This came as a complete surprise and shock to me since i actually got my license back. and i have been driving for 1 month.
The police did not issue me a ticket. But he took my license, and towed and impounded my car until the end of July (when my "supposedly" 90days was supposed to end)
He issued me an Appearance Notice in court as well for July.
MY QUESTION:
-if im still "suspended" from driving, why was my drivers license issued back to me?
- what does "possibly driving while prohibited" mean? POSSIBLY???? WTF?
-WHAT AM I SUPPOSED TO DO NOW? GET A LAWYER INVOLVED? | The BC Government, ICBC and the police have been having an ongoing threesome for years. You're surprised you get screwed around like this when you weren't drinking the second time?
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05-25-2011, 01:46 AM
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#13 | | Banned By Establishment
Join Date: Jul 2008 Location: Infiniti
Posts: 2,457
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impounded till end up JULY?!
your better off getting a lawyer
the impound fee will whooop your ass, a week of impound for me was already 400 bucks and yours till end up july? wow..
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05-25-2011, 09:54 AM
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#14 | | I bringith the lowerballerith
Join Date: Oct 2006 Location: PR
Posts: 1,140
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| Quote:
Originally Posted by hi-revs Yesterday driving back from Metrotown. There was a police road check.
An officer came onto the road and guided me to pull over in a parking lot where 5 other officers were pulling over other drivers.
I asked the officer why i was pulled over, and he said, "Theres an unmarked police car up the road scanning every cars license plates, and yours came up as "POSSIBLY DRIVING WHILE PROHIBITED".
This came as a complete surprise and shock to me since i actually got my license back. and i have been driving for 1 month.
The police did not issue me a ticket. But he took my license, and towed and impounded my car until the end of July (when my "supposedly" 90days was supposed to end)
He issued me an Appearance Notice in court as well for July.
MY QUESTION:
-if im still "suspended" from driving, why was my drivers license issued back to me?
- what does "possibly driving while prohibited" mean? POSSIBLY???? WTF?
-WHAT AM I SUPPOSED TO DO NOW? GET A LAWYER INVOLVED? | What likely happened here, was they were using an ALPR to scan passing plates. When they get a "hit" on a plate, the person operating the ALPR knows that someone associated to that vehicle is prohibited from driving (using your case as an example). They then radio the information ahead to the team conducting the checks.
So, the officer that stopped you says to you the reason for the stop: that you are possibly driving while prohibited. That is the reason for the stop. The officer would then run your licence and see if you were the one prohibited. If so, the vehicle gets impounded and you get some paperwork. On your PAN, it would say something to the tune of "Drive While Prohibited" under the charge heading.
What you should do, is gather ALL paperwork from the first instance and this instance, speak to a lawyer as well as speaking with the OSMV to see what was issued and when. There is a review option for the vehicle impound in order to get the vehicle out early. Speak with the lawyer and see what you can do.
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05-25-2011, 11:59 AM
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#15 | | Rs has made me the man i am today!
Join Date: May 2002 Location: Surrey
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It sounds like you have a good case on your side here. I would highly recommend get a lawyer involve and get them to review the paperwork.
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05-25-2011, 12:47 PM
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#16 | | I subscribe to Revscene
Join Date: Nov 2006 Location: Victoria
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Why would ICBC return the licence if it was suspended?
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05-25-2011, 01:30 PM
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#17 | | Revscene.net has a homepage?!
Join Date: Aug 2008 Location: vancouver
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^^ that's EXACTLY what I'm thinking. PLUS I was able to recently insure a car. Posted via RS Mobile | |
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05-25-2011, 03:56 PM
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#18 | | RS Peace Officer
Join Date: Feb 2007 Location: Vancouver Islan
Posts: 3,867
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| Quote:
Originally Posted by sebberry Why would ICBC return the licence if it was suspended? |
We're not quite sure what he means by..." my drivers license issued back to me?". He didn't say that he got it back from the Police after 24 hours, when they seized it for the 215 suspension or if he went to an Access Centre and paid some fee/fine to get it re-issued. Too much speculation here and it's just a waste of cyberspace to speculate. It has been suggested to the OP several times that he talk to a lawyer, not a bunch of well-intentioned but under-informed RS'ers.  | |
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05-30-2011, 01:42 PM
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#19 | | OMGWTFBBQ is a common word I say everyday
Join Date: Jun 2006 Location: richmond Lah!
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If you get DUI-ed is there anyway possible that you get your car back earlier?
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05-30-2011, 04:57 PM
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#20 | | RS has made me the bitter person i am today!
Join Date: Apr 2003 Location: Vancouver
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Did you pay a reinstatement fee?
or did they just print u out a new temp licence saying your card will be mailed to u?
this story is pretty strange cause from wat it sounds like the officers handled it like the old laws. Where u just lose ur licence for 24hr(officers discretion) and then you would recieve a letter in the mail saying you have been prohiited from driving. The New laws say you should of had your licence taken away on the spot for 90 days.
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05-30-2011, 04:58 PM
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#21 | | VAC Head Rotang Mod
Join Date: Oct 2004 Location: Van
Posts: 10,668
Thanked 1,427 Times in 627 Posts
| Quote:
Originally Posted by hi-revs I simply have never been in this position, and would like advice of how to proceed.
Long story short, (coles notes), i was pulled over for a DUI about 1.5 months ago.
Police gave me 24hr driving prohibition.
Towed and impounded my car for 24hrs.
Took my drivers license.
One police officer verbally told me that ill also be recieving a 90 day suspension.
I proceeded to see a criminal defense lawyer that deals with driving prohibition.
He told me that it doesnt say anything about a 90day prohibition on the paper work i got from the police.
Lawyer said i can go down to the DMV and get my license back.
He also said that they might mail me the notification for the suspension. (till now, post 1.5months, i still have not recieved this notification.)
Doing like what he told me, i went down to a local icbc branch and got my license back. (got the yellow interm slip until a few weeks ago when they mailed me the actual drivers license card)
All seemed to have gone well. So i went out and bought a new car last week. and insured it under my name.
Yesterday driving back from Metrotown. There was a police road check.
An officer came onto the road and guided me to pull over in a parking lot where 5 other officers were pulling over other drivers.
I asked the officer why i was pulled over, and he said, "Theres an unmarked police car up the road scanning every cars license plates, and yours came up as "POSSIBLY DRIVING WHILE PROHIBITED".
This came as a complete surprise and shock to me since i actually got my license back. and i have been driving for 1 month.
The police did not issue me a ticket. But he took my license, and towed and impounded my car until the end of July (when my "supposedly" 90days was supposed to end)
He issued me an Appearance Notice in court as well for July.
MY QUESTION:
-if im still "suspended" from driving, why was my drivers license issued back to me?
- what does "possibly driving while prohibited" mean? POSSIBLY???? WTF?
-WHAT AM I SUPPOSED TO DO NOW? GET A LAWYER INVOLVED?
SUMMARY:
police took my license away, gave it back, and took it away AGAIN! | Quote:
Originally Posted by zulutango We're not quite sure what he means by..." my drivers license issued back to me?". He didn't say that he got it back from the Police after 24 hours, when they seized it for the 215 suspension or if he went to an Access Centre and paid some fee/fine to get it re-issued. Too much speculation here and it's just a waste of cyberspace to speculate. It has been suggested to the OP several times that he talk to a lawyer, not a bunch of well-intentioned but under-informed RS'ers. | zulu, i highlighted the section that explains what he did.
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05-30-2011, 07:40 PM
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#22 | | RS Peace Officer
Join Date: Feb 2007 Location: Vancouver Islan
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Thanks...I missed that part. Didn't go back far enough I guess. What I can't understand is why the 90 day prohibition was not served at the time? Unless they have changed the process since I did it, the suspension papers were served at the time, otherwise you have to go looking for the driver later and if he's from PG and you are in Nanaimo, that is difficult and could involve asking other Detachments to serve, their required presence in court for any Prohib trial etc.
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05-30-2011, 07:50 PM
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#23 | | I want to be a person and not an icon.
Join Date: Jan 2010 Location: Mugello
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Lawyer up and you won't be too bad, since you did not sign for a prohabition notice that's a good sign for you.
Also with the other evidence you have to prove that you got your license reinstated that's also a good sign.
Unless you did sign for a prohibition notice your lawyer should help you out.
This was from experience of my friend he lawyered up and won but price ain't cheap you are looking at 3-4.5K depending on lawyer
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05-31-2011, 01:29 PM
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#24 | | NOOB, Not Quite a Regular!
Join Date: Apr 2009 Location: vancouver
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a prohibition letter should come as registered mail
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05-31-2011, 02:20 PM
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#25 | | Revscene.net has a homepage?!
Join Date: Aug 2008 Location: vancouver
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i lawyered up. Yup, Not cheap at all. He's thinking this case will be somewhere around $3-5k.
Prohibition letter still as not come in the mail.
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