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Questions & info about the Motor Vehicle Act. Mature discussion only.

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Old 07-24-2011, 05:03 PM   #51
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Dont waste your money on a lawyer; you cant beat the the superintendent of motor vehicles. The most you could probably do is get your car back early from the impound (if insurance is under one of your parents). You do not have to worry about a criminal conviction because the new laws changed the way the whole system works. Before when DUI's were still being criminally charged (you can still get a criminal charge if you refuse to blow), you would have the opportunity to fight it in court, but now since they are processed differently, the opportunity to challenge in court is gone. Unfortunately, a 90 day suspension from a DUI means that the RDP and ignition interlock will be mandatory and there is no way out of it. This is a very expensive lesson to learn and I am currently in the same situation as you. Be grateful if your parents are helping you out because in the end, this whole thing will cost you roughly $4,000 and a shit ton of stress.
Ahh...but the criminal impaired charges CAN be laid along with the 90 day suspension that the BC Motor Vehicle Act allows the province police agencies to give out.

Drinking and Driving
http://www.cba.org/bc/public_media/automobiles/190.aspx
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Old 07-24-2011, 05:16 PM   #52
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Ahh...but the criminal impaired charges CAN be laid along with the 90 day suspension that the BC Motor Vehicle Act allows the province police agencies to give out.

Drinking and Driving
Drinking and Driving
I believe those are the old laws. The bit near the bottom of the page where it addresses the changes in 2010, make no notion of criminal charges. However, there probably is a possibility that you can still be criminally charged, but then again, that goes with saying cops have too much power.
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Old 07-24-2011, 07:23 PM   #53
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So you are saying there is no criminal record from this? There would be in the old laws though correct?
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Old 07-24-2011, 08:47 PM   #54
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Old 07-24-2011, 10:50 PM   #55
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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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Old 07-24-2011, 11:01 PM   #56
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just realized i was about to argue with a LEO.... you're right! i apologize, i must've been spewing random bullshit out of my mouth.

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Old 07-25-2011, 04:54 PM   #57
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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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Old 07-25-2011, 06:25 PM   #58
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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
I understand this. I'm quite confused though. I spoke to a guy at icbc, he told me due to the fact that I didn't blow a second time I might have a case. Same with the lawyer I spoke with. Also getting info like if the cop simply wrote the date of calibration for the breathalyzer incorrectly then I would get off as well.
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Old 07-25-2011, 07:49 PM   #59
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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.
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Old 07-25-2011, 08:09 PM   #60
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Or you can stop wasting your time take the 3 months suspension like a man because you did wrong and shut the fuck up.
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Old 07-25-2011, 08:15 PM   #61
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I love your hopeless optimism. Please prove everybody wrong and exhaust your funds on showing us it can be done.
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Old 07-25-2011, 08:21 PM   #62
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I love your hopeless optimism. Please prove everybody wrong and exhaust your funds on showing us it can be done.
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Or you can stop wasting your time take the 3 months suspension like a man because you did wrong and shut the fuck up.
Perhaps we should all read this.....might make you look at things a bit differently....

http://www.filkowcriminallaw.com/imp...iving-laws.pdf
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Old 07-25-2011, 08:27 PM   #63
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Perhaps we should all read this.....might make you look at things a bit differently....

http://www.filkowcriminallaw.com/imp...iving-laws.pdf


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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Old 07-25-2011, 09:08 PM   #64
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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.

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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Old 07-25-2011, 10:24 PM   #65
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Or you can stop wasting your time take the 3 months suspension like a man because you did wrong and shut the fuck up.
Hey buddy, whether I waste my time or not is none of your concern. I think I very well know i did the wrong here. I'm taking a financial hit either way which I very well deserve. But I'd like to say that if I was wasted, that cop would definitely have put me in jail. I'm an N driver, male and young, if I was drunk by any means I would have spent a night in jail. Please don't tell me if you were caught in a situation like this you wouldn't try and find a way to "alleviate" the situation for yourself, if you wouldn't then your a saint, props to you. And just for the record, it was 2 beers I had an hour earlier.

As for the other posts, thanks for the helpful replies to this situation.

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Old 07-26-2011, 02:25 PM   #66
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Hey buddy, whether I waste my time or not is none of your concern. I think I very well know i did the wrong here. I'm taking a financial hit either way which I very well deserve. But I'd like to say that if I was wasted, that cop would definitely have put me in jail. I'm an N driver, male and young, if I was drunk by any means I would have spent a night in jail. Please don't tell me if you were caught in a situation like this you wouldn't try and find a way to "alleviate" the situation for yourself, if you wouldn't then your a saint, props to you. And just for the record, it was 2 beers I had an hour earlier.

As for the other posts, thanks for the helpful replies to this situation.

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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Old 07-26-2011, 05:12 PM   #67
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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
Attaboy! If only all people could develop your attitude... we'd put MADD out of business. And that would be a good thing!
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Old 07-26-2011, 09:19 PM   #68
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Attaboy! If only all people could develop your attitude... we'd put MADD out of business. And that would be a good thing!
If everyone did what we are ALL supposed to do....we'd put the police out of business!
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Old 07-26-2011, 10:16 PM   #69
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If everyone did what we are ALL supposed to do....we'd put the police out of business!


ps : but then id have no future job..fml
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Old 07-27-2011, 12:08 AM   #70
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Dont waste your money on a lawyer; you cant beat the the superintendent of motor vehicles. The most you could probably do is get your car back early from the impound (if insurance is under one of your parents). You do not have to worry about a criminal conviction because the new laws changed the way the whole system works. Before when DUI's were still being criminally charged (you can still get a criminal charge if you refuse to blow), you would have the opportunity to fight it in court, but now since they are processed differently, the opportunity to challenge in court is gone. Unfortunately, a 90 day suspension from a DUI means that the RDP and ignition interlock will be mandatory and there is no way out of it. This is a very expensive lesson to learn and I am currently in the same situation as you. Be grateful if your parents are helping you out because in the end, this whole thing will cost you roughly $4,000 and a shit ton of stress.

And IRC you do not have to re-do your N, but it will reset the time it takes to get your class 5. So, from the day you get your license reinstated the 2 years starts again.
Its actually going to cost him and whoever else gets caught in this situation roughly $7,000, just so people know
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Old 07-27-2011, 04:10 AM   #71
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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...
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Old 07-27-2011, 12:19 PM   #72
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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
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Old 07-27-2011, 02:57 PM   #73
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Hence why I said I was in the wrong. Got heated up while typing that because I was the only ride for her and she did not want to sleep in my car and she felt no remorse or anything which is a reason why I am not friends with her anymore.

It happened, I payed my ticket and now I'm just waiting till I get my license back. So no need to call me any names. Just hoping it won't affect future job opportunities.
sorry buddy, you will always be ask to provide driving record if you applying jobs that provide you with company vehicle. I had 3 speeding tickets in the 3 years period and it looked bad already. I have been driving super safe in the last 2 years or so...

im like 27 now, i take full responsibilty of my actions
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Old 07-27-2011, 03:07 PM   #74
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sorry buddy, you will always be ask to provide driving record if you applying jobs that provide you with company vehicle. I had 3 speeding tickets in the 3 years period and it looked bad already. I have been driving super safe in the last 2 years or so...

im like 27 now, i take full responsibilty of my actions
Thanks for the response. Yeah I don't plan to be like a delivery boy for a company or something. Just like say policing would it affect that? Or just like say being a driver for a company like Lordco? Anyone else care to chime in?

Thanks
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Old 07-27-2011, 03:12 PM   #75
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THIS.

Not sure where the conception of refusing a breathalyzer was good idea. Maybe it's like sticking your head in the sand hoping that you can run away from it just because you can't see it?
It's actually against the law to refuse to provide a sample. If you do so you will be informed that you are accepting the full consequences of being fully intoxicated while driving, you will receive a suspension, you will get your car towed, you will be just as fucked.

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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