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Drinking and Driving http://www.cba.org/bc/public_media/automobiles/190.aspx |
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So you are saying there is no criminal record from this? There would be in the old laws though correct? |
I love this forum! Refer to my sig.. |
You can still be processed criminally for Impaired Driving. Officers have a choice between the IRP route via the MVA or Criminal Charges. With a criminal charge you still receive a 24-hour suspension, and a separate administrative driving prohibition which is 90 days but does not start until 21 days after you are charged. This is different than the (immediate) IRP legislation. You cannot receive an IRP AND a criminal charge for the same offence. Usually officers will proceed criminally if you have a really bad driving record relating to alcohol, or there was a serious accident involved. |
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:grenade: |
to OP just thought id share this quote from the paper about someone who got a DUI ""I spent $500 for a lawyer and he told me there was nothing could be done - you can't win an appeal," Knezevic said, He was told the law permits only a handful of defences: You weren't in control of a vehicle, the test didn't indicate a fail or warn, you didn't refuse to blow or had a reasonable excuse for not blowing or failing. " So just thought id let you know no point on appealing |
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When you file in a review they will give you a package with the police files. You should get a hold of that before you hire your lawyer. |
Or you can stop wasting your time take the 3 months suspension like a man because you did wrong and shut the fuck up. |
I love your hopeless optimism. Please prove everybody wrong and exhaust your funds on showing us it can be done. |
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http://www.filkowcriminallaw.com/imp...iving-laws.pdf |
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I read that before. But remember this.. The law is saying "N" drivers are not allowed to have ANY alcohol at anytime while behind the wheel. OP drank and drove with a "N" He broke the law and he should be punished. Its really simple. My neighbors 18 year old son got killed 7 years ago due to a drunk driver. To this day I still remember when the police went to their house on a summers early morning around 6 am telling them their son has been killed because of some dumbshit driver decided to drink after driving. The intoxicated driver has suffered nothing but bruises where my neighbors son was killed. |
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Hey, I totally agree!!!! But what I don't like is that the MVA and "tools" (ASD's etc) used to enact certain sections are being "bent" to work in certain cases. If it starts here...where does it end? THIS is what should concern us...... In section 215, the police are offering a right, stated ON the notice they are giving you, and in the case of the novice driver...they can't...or won't "honour" it. This is bending a MVA section to work..and the law cannot be bent to benefit one and not the other. The law is written so we ALL know where we stand! |
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As for the other posts, thanks for the helpful replies to this situation. |
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Actually, you will never catch me behind the wheel even if I had half a beer or whatsoever. I have learned from experience of friends and family that you simply should not drive with alcohol in your body. If I drink, I don't drive. How hard is that? I was once a "N" driver as well and I did not touch the wheel if I had any alcohol. This is because I know its not worth the risk I would not have said anything if you were class 5... Then we can give you benefit of the doubt that the machines could be "wrong" but no you admit that you drank and you are a "N" Don't bother and just take the suspension and be on with your life. |
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ps : but then id have no future job..fml |
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ICBC | Immediate roadside prohibition how did u get $7,000 lol that would be messed up if it was almost double what the costs already are... |
When u get a dui, u have to pay the drivers risk premium. (DRP). Which is $905 everyyear for the next 3 years. $2715, plus other fees like getting the ignition lock calibrated everymonth which apparently cost about $100 everymonth Posted via RS Mobile |
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im like 27 now, i take full responsibilty of my actions |
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Thanks |
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They have increased the laws over the last year or so to close a lot of the loop holes here and I've asked a few lawyers and police officers. Not one of them has ever been able to think up a benefit to refusing and it's not an allowable defense in court any longer. |
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