What do I do?

[starter.mike]

CLOSED!

[Jgresch]

This will solve your problems.

[ruthless]

Your done, period.
Going to get your license suspended and have to restart your N stage over again while on probation.

[RevRav]

Here's what you should do:

STOP DRIVING AND START BUSING

1) you were already on probation
2) you are only 1.5 year into driving, and this is the second time
you're caught excessively driving
3) You didn't even know you're a 7N?
4) Drank and drove
5) Drove a car full of lbs
6) Registering your car insurance under your father's name
to save on insurance cost. This is ICBC fault already.

Driving is a privilege, not a right. If that's really the only method of transportation
both your parents rely on...then I'm sorry, you lost your privilege.

So do Lower Mainland a favour and GET OFF THE ROAD

[starter.mike]

CLOSED!

[Senna4ever]

There's nothing you can do...you've learned your lesson, now grow up.

[starter.mike]

CLOSED!

[RevRav]

Unless you live in Prince George, and you have to travel to Vancouver for school everyday, don't tell me you "can't bus". Wake up that one hour earlier, walk that 200meters to the bus stop. Or as Jgresch suggested:

Originally Posted by Jgresch

This will sove your problem.

[Solo_D33A]

Originally Posted by starter.mike

I can't bus. I live far away from everything. I have a job and I'm a university student. So I need my wheels.

1) Yes I know.
2)The first time I was going 2-7 km over the grace period... it happens. Yesterday was just me on the road.
3)It sais 5NL on my license; so I said 5.
4)I had barely any alcohol, like 2 hours prior.
5)More people in the car... fine that I agree with.
6)The car belongs to my father.

Also the "N" got taken by someone. Legitimately.

I've multiple friends that bus, carpool etc to U.

2. there's no grace period, it's up to the officer to see if he/she bothers to catch you or not.
3. N is a N, as in Noob is a Noob, hope you didn't tried to say 5 just because you know you had too much people...
4. You don't know how much you had until you blow, everyone reacts to alcohol differently

"Also the "N" got taken by someone. Legitimately." what? or do you mean stolen? keep a spare in the car or put it up in the car with the clear plastic insert holder they provide

so you got the ticket, have you read everything front and back?

[gars]

Originally Posted by starter.mike

Please help me, my father is going into surgery and my mother doesn't drive so I will be the only mode of transportation for them.

You should've thought about that before driving against all your restrictions. having half a beer is still having half a beer. It's an absolute law. Losing your N sign is an excuse - it's not like you were going to the hospital. You either didn't check to see if your N was stolen, or you knew it was stolen and assumed you weren't going to get caught. You also knew how many people were in your car - you knew your restrictions before getting in the vehicle - you just assumed you weren't going to get caught.

If you really are a good son, I would plead to your other family members or friends to drive your dad to surgery. If you have none who are willing- take a cab.

As well, I don't know how you blew 0.039 with half a beer in your system.

[Jgresch]

The rules don't say: Zero Tolerance for Alcohol, unless you just had a little bit.

Question, what would you say if you tried to dispute it?

[starter.mike]

CLOSED!

[Jgresch]

LOL it's foolproof!

[RevRav]

OP.....so you knew you had restrictions on your licence such as
- zero alcohol...
- you said your 'N' was stolen...
- you admit you were overpassenger...

And you thought you had a "Class 5" licence? Please take a pic / scan your licence and post it for us to see where the "5" came from....

[Bainne]

I thought they stopped giving out licenses in boxes of Trix cereal

[doma]

So you are going to lie to the judge and say that there WAS a 26 yr old present? when i assume the cop ASKED you if there was a 25 yr old+ person. The judge isn't a moron, you think your the FIRST person to try and bullshit to a judge? Your a moron.

You drank the beer and you knew it was illegal for you to do so, and your stupid enough to speed 80 in a 50 with a car packed with people, against you restrictions, man you deserve every damn fine possible and more. Even when i had my N and the rare times i did have one or two people over the limit, I stuck to the damn rules on the road. Enjoy your DUI at 17, not having a car for a while, two more years with your N, and a really long suspension

[illicitstylz]

Originally Posted by starter.mike

Yesterday I got off work at 7, went to my friends house. Opened a beer at around 7:05, (maybe drank like 1/3 of the can so about 125/150ml). We realized we were going to the movies so I decided to stop drinking. At around 8:50 we left his house.


BUT I told him I had a class 5 license thinking my license had a 5NL on it. It was a 7. He later told me I was being dishonest with him, but I just didn't know.

great job with dem numbers brah. especially when 1/3 x 150ml =/= 125

[zulutango]

It's amazing how those restrictions rub off the back of a DL. You have got to either be a troll or one of the slowest learners I have ever heard of. You get caught speeding and violating just about every restriction on your DL and who is to blame?

[jlenko]

Originally Posted by zulutango

You have got to either be a troll or one of the slowest learners I have ever heard of. You get caught speeding and violating just about every restriction on your DL and who is to blame?

I love this forum!

[sebberry]

How does one blow a .039 two hours after drinking half a can of beer?

And the officer threatened to arrest the OP if he didn't blow. Last I checked random breath testing wasn't conducted in Canada. Only explanation for this would be if the OP told the officer he had half a can of beer two hours prior to the stop.

[Acuracura]

Originally Posted by starter.mike

1) Multiple people - friend has a 26 y/o brother who is willing to say he was supervising the driving. Thus the 25+ y/o with license allow me to drive 4 people. They didn't take the names of my friends nor had a police car/bike behind me to tape and prove it.
2) Stolen "N" it happens... kids did it, countless people have gotten away with it.
3) Speeding - is the officer a registered radar gun calibrator and has he done so prior to his shift. If not... the device used could be misleading. He pulled over a guy on a scooter that has a max speed of 90km... going 118km. And he had 2 people on the scooter... I might not be the only one.
4) I worked that day at the door service industry... the cook is known for making high alcohol content drinks. The small amount of beer is not enough to register the .039.
5) No license- left it at the store. First offense of this sort is only a warning. The clerk can verify that.

1) Perjury. 1 count for you, 1 count for your friend's brother

2) I have never seen a Justice dismiss a no N sign completely maybe a fine reduction but since you're going to trial you won't get that.

3) Radar is not necessary to catch speeders. You didn't mention in your first post if Radar was used or not.

4) So you're admitting to consuming alcohol...just not enough to register 0.039? Seeing as though your restrictions say ZERO, the Justice is going to be like awesome he just confessed in court.

5) No DL is an absolute liability offence which means you either had it or you didn't, there's no excuse to this. Again I have never seen a Justice dismiss the charge simply because it's your first offence. There's no requirement to give you a warning.


Please advise when you receive notice for you court date, where and when so we can attend. Or atleast follow up with this thread so we know what happens.

As for being suspended, regardless if you dispute all the charges and somehow manage to win, you will probably still be suspended. Simply because you received a 12hr suspension. This has to do with the Superintendent of Motor Vehicles and not with the courts. For 12 and 24hr suspensions I do not believe you can dispute them. You only hope would be if the officer filled out the paper work wrong and OSMV was unable to process the paperwork.

Just curious what city or Police agency was this that stopped you?

[Acuracura]

Originally Posted by sebberry

How does one blow a .039 two hours after drinking half a can of beer?

And the officer threatened to arrest the OP if he didn't blow. Last I checked random breath testing wasn't conducted in Canada. Only explanation for this would be if the OP told the officer he had half a can of beer two hours prior to the stop.

Random checks for driver sobriety are conducted in Canada. Random breath testing is not conducted in Canada. So long as the officer had grounds to suspect the driver had consumed alcohol he can do an ASD demand. There are many more signs to tell a person had consumed alcohol other than admission. So really the officer didn't threaten to arrest him if he didn't blow, it's the truth. OP would have been arrested for refusal if he did not provide a sample.

[Phil@rise]

It takes more then 1/2 can of beer to blow a .039 regardless of time passed since drinking unless your 3 feet tall, 50 pounds and have no liver.
Damn it frustrates my when whiny guys like yourself are lookin for a way out when you obviously fucked up.
These laws are in place for a reason and its to protect the general public from novice drivers with poor judgment. Why are you special?

[RevRav]

For those that are wondering....here are OP original posts:

#1 12:38 PM

Originally Posted by starter.mike

Ok so here is the story, and since this is the only forum that I found that can help... I'm hopping someone can help me out.

I have a class 7 "N" drivers license and I am about 1 year and 6 month in.
I had a speeding ticket of going 97 in an 80 zone about 3 months into my "N".
No other convictions in driving or criminally.

Yesterday I got off work at 7, went to my friends house. Opened a beer at around 7:05, (maybe drank like 1/3 of the can so about 125/150ml). We realized we were going to the movies so I decided to stop drinking. At around 8:50 we left his house.

At 9:05 I got pulled over.

Here are the problems.
1) I was going 80 in a 50/60 zone (not sure what zone). Reason for getting pulled over.
2) I had 4 people in the car. (none over 25 with a license)
3) I did not display the "N" sign.
4) I registered a .039 blood alcohol level.
5) I lost my wallet in the corner store just prior to getting pulled over. (Thus failure to have a license.

I gave them all the information and how everything was. (My name, address, phone number ect ect.) BUT I told him I had a class 5 license thinking my license had a 5NL on it. It was a 7. He later told me I was being dishonest with him, but I just didn't know.

He told me I would be arrested if I didn't accept to be breathalyzed. I accepted to get breathalyzed.

First time I blew a error. (AKA failed to do it correctly)
The second time I blew a .039 which is below the .05 for which they arrest me for but it's over the ZERO I am supposed to have.

He then wrote me 2 tickets.

1) was a notice of 12 hour suspension.
2) Violation ticket consisting of 3 other tickets.

a) speed in municipality section 146(1) -196$ (ACT)
b) drive contrary to restrictions section 25(15) - 109$ (ACT)
c) fail to display "n" sign section 30.13 -109$ (REGS)

They called a tow truck company and took my car for the night. I came there this morning with my dad and got the car because it was registered under his name for insurance purposes.

What is going to happen now? Can I somehow dispute this? I've heard of the police officers no showing up to court and the drivers getting away...
I WAS GIVEN NO INFORMATION AT ALL!

I know my license is already on probation from the earlier speeding ticket.
What am I looking at?

Will ICBC call/mail me and take my license away?
Please help me, my father is going into surgery and my mother doesn't drive so I will be the only mode of transportation for them.

#2 12:52 PM

Originally Posted by starter.mike

Useless post.
How long will the suspension be? Will I need to do my "N" test again?

I've got a DUI and Traffic Violations lawyer now, I'm meeting him tomorrow... but can I still drive today?

#3 12:56 PM

Originally Posted by starter.mike

I can't bus. I live far away from everything. I have a job and I'm a university student. So I need my wheels.

1) Yes I know.
2)The first time I was going 2-7 km over the grace period... it happens. Yesterday was just me on the road.
3)It sais 5NL on my license; so I said 5.
4)I had barely any alcohol, like 2 hours prior.
5)More people in the car... fine that I agree with.
6)The car belongs to my father.

Also the "N" got taken by someone. Legitimately.

#4 01:33 PM

Originally Posted by starter.mike

1) Multiple people - friend has a 26 y/o brother who is willing to say he was supervising the driving. Thus the 25+ y/o with license allow me to drive 4 people. They didn't take the names of my friends nor had a police car/bike behind me to tape and prove it.
2) Stolen "N" it happens... kids did it, countless people have gotten away with it.
3) Speeding - is the officer a registered radar gun calibrator and has he done so prior to his shift. If not... the device used could be misleading. He pulled over a guy on a scooter that has a max speed of 90km... going 118km. And he had 2 people on the scooter... I might not be the only one.
4) I worked that day at the door service industry... the cook is known for making high alcohol content drinks. The small amount of beer is not enough to register the .039.
5) No license- left it at the store. First offense of this sort is only a warning. The clerk can verify that.

[zulutango]

Originally Posted by sebberry

How does one blow a .039 two hours after drinking half a can of beer?

Originally Posted by sebberry

Their body still contains alcohol...and more than 1/2 a normal can.

And the officer threatened to arrest the OP if he didn't blow. Last I checked random breath testing wasn't conducted in Canada. Only explanation for this would be if the OP told the officer he had half a can of beer two hours prior to the stop.

The Cop needs grounds to demand a sample. Odour of alcoholic beverage consumption is one way, so is an admission of consumption. He didn't threaten him with arrest to force him to blow...he "demanded" that he provide a sample (based on the grounds he formed) and would inform anyone who refuses to provide that sample without legal excuse to do so, would be charged with refusal and a conviction for refusal carries the same penalty as an impaired driving conviction.