Speeding ticket and no-N violation while on probation
 

I'm not sure if this is the right place to post this, but

20 months ago a little bit after my 17th birthday I got a speeding ticket (3 points) as well as a fine for not having my N sign on. I recently got my N back then. This caused me to be put on driving probation.

Now just a few hours ago I got another speeding ticket speeding down Highway 1 coming back from Hope, in Chillawack. A cop just came out of nowhere with his sirens on and pulled me over. No N sign, fined. I was going 145 in a 100 zone, but he let me go with only a regular speeding ticket since he felt bad for me being so far away from home.

But even with the regular speeding ticket, I will lose my license. What should I do now? I booked a lawyer to speak to on Monday, but just wanting the forum's insight. It was a Chilliwack ticket, and says the Provincial Court Hearing Location is in Chilliwack, NOT Vancouver, meaning possibly a very early court date. The earliest I can get my Class 5 is in late January. And if I disputed the fine, wouldn't the penalty points be slapped onto my license anyways, causing me to lose it?

I need it for work... there is no way I can get to work without my license...

Thanks for your insight/help..

So what ticket or tickets did you get written up for today coming back from Hope?

If it's just a no N sign ticket then you're fine. I was caught speeding 2 years ago in Vancouver but the nice cop explained that the no N sign ticket didn't carry any points and wrote me one of those instead.

One speeding, one N-sign one, but the N-sign one is supposed to be a fine, not penalty.

I just bought this 5-speed 328i with my savings I've stashed away overtime and I used to drive an Auto RAV4... wasn't used to this being much faster and often forget how fast I'm going, and plus it was on Highway 1... one of the last places I expected a cop to dart out of nowhere (although coincidentally it was a downhill slope... cops favorite... sigh)...

dont remember exactly but look at the ticket,
theres two boxes, one says reg. other says act.
which one got checked?

For speeding "ACT" got checked
For the N sign, "REG" got checked.

He said I was cool with the N sign, but for the speeding I should be worried

did you dispute it?
also whens your class 5 test

I haven't disputed it yet.
Catch was I was going 145km/h in 100 zone and the guy said he'll let me go for only a regular speeding instead of an Excessive Speeding. So if I dispute it then won't he then spill the truth and get me into a bigger mess?

Yes yes I know I should be smacked... but in that stretch of highway so many cars all go 120 - 130 usually and even then some bikers zoom right past you... in the slow lane even at like 110 - 120 people decide to pass you

Here's what you need to do...

1. Dispute your ticket.
2. Book your Class 5 road test for the first available date.
3. Pass your Class 5 road test.
4. Retract the dispute and pay the ticket.

You are very, very lucky that the officer chose to give you a regular speeding ticket instead of excessive speeding. I drive that road every day, there's absolutely no reason you cannot drive 100km/h in the right lane and you would be far from the only one. Driving 145km/h you must have been flying past every other car on the road, especially on an early Sunday evening. If your license is critically important to you, maybe consider that next time you're tempted to commit an offense that could potentially cause you to lose it.

It was on the downhill stretch, not the flat one. Anyways yes I agree..

I got my N in January 2011, but I got put on probation I believe in March or April. Doesn't that reset my time I have to wait to get my Class 5, and if so isn't that quite a lengthy wait? Would my court date be late enough?

I think my main question is if my last ticket was almost 2 years ago... would they be a little easier on me, in terms of possibly taking away my license that is... (or whether probation is permanent, or is there a time frame)

Not so bad on the downhill stretch, but still fast considering you would be interacting with other cars traveling much slower.

Yes, when your license is suspended the N'clock is reset and the 24 months begins the date the suspension ends. So, after your probation you would have received your license back in June/July 2011? Meaning June/July 2013 you'll be eligible to take the test?

The wait for a traffic court date is approximately a year, so you'll be cutting it close. It's your best shot though. If nothing else, it will give you time to prepare for the suspension.

My license was never suspended. Driving probation is different from prohibition. Probation is just a letter to scare you to say that if you're caught with any sort of offence again you might lose your license. But I'm just wondering if anyone here has had experience with that and whether probation is permanent during the N-stage or does it go away after a while, and whether they really care about the last ticket being almost 2 years ago..

From http://www.pssg.gov.bc.ca/osmv/share...nt-program.pdf

If your license was never suspended your N clock doesn't reset just to be sure go to the icbc site and try to book an appointment it will tell u the earliest date ur allowed to book ur class 5 test for
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If you have never been suspended then look on the front of your license bottom left will tell you closest exam date.


ASAP take that test.

If you are under 1 year from taking your class 5... DISPUTE IT and pass that shit then retract it.

You should be good :)

Good luck and drive safe.

Thanks for the responses

I gave the licensing office a call and said pretty much I'm going to be suspended now with another ticket on my record, UNLESS I dispute it. So it seems like that's my only option.

My earliest Class 5 test is on January 20th in 2013. Are my odds of receiving a court date far after that pretty good? And, is there a way the cop can get a hold of me BEFORE the court date and somehow tell them that it was actually an Excessive Speeding ticket and he just let me go for a regular one because he felt bad?

Also, on the bottom there is that section that says "I hereby Acknowledge Receipt of a Copy of this Violation Ticket... Signature"... I never got a chance to sign that part because the cop got annoyed when I told him the story about the missing N sign and he just drove off quickly after that. Will this affect me in any way?

You're not going to get a court date within 4 months.

The police officer can get a hold of you if he finds out you're disputing it and remembers it clearly. I'm not sure what his legal powers are at that point, but at the least you'll be pissing him off because he let you off easily.

Remember that you would have been suspended immediately, and faced a shitton of consequences if he had given you the excessive speeding.

As far as I know, not signing it makes no difference. it's not an admission of guilt, but
just acknowledging you received the ticket.

As a final note, if you were my friend, I'd tell you to your face to grow some balls and man up to your actions. You were VERY lucky to NOT get an excessive speeding ticket, which would have fucked you over quite good. If that means getting a suspension, which you knew you were up for when you were doing 140 on a highway, then man up. Yes, you can use the system to your advantage and dispute it, book a test, pass, etc, but all that teaches you is how to weasel your way out a situation you are clearly responsible for. Just my 2 cents. /rant

This is what you should do for sure then,

1. Dispute the ticket

2. Book Class 5 test (find the first available date so book now)

3. Pass test

4. PROFIT

5. Retract the ticket

6. Pay the ticket.

You should be good :)

Don't worry too much and get all this done first!

It seems like this is my only option, so I'll do that.

Now what I'm wondering is: will this cop receive some sort of immediate notification that I disputed his ticket? I'm just worried that this may happen and he will then on the spot modify my Regular Speeding Ticket into an Excessive Speeding one and start even more trouble (or, does he have the power to do this?)

From what I know and this remember what "I" know, is that the cop IF he changes it most likely it will be infront of the judge.

Remember he is expecting you to show up to court now and dispute it.

So all he would do (I assume) is that he will build up his evidence to prove that you are going excessive and bring it to court.

But by then you would have pulled out.

My ticket says my hearing location is in Chillawack though.. not Vancouver...
doesn't this essentially mean my court date is going to be a very early one then?

Also, I was told that if I dispute a ticket there is a form to fill out, and I would have to dispute the allegation of the ticket. What is in the form, and is it usually by allegation or fine?? I'm not worried about fines, I just want to keep my license..

But if I, to be safe, disputed it as a fine, wouldn't the points still go onto my record, causing me to lose my license?

If I were in your shoes, I would find out when your probation is over, dispute the allegation and not retract it until the probation is over, if possible

If you plead guilty before the probation is over but after obtaining your class 5, you will likely still become suspended but when you receive your lisence back, it will be a class 5

That's how it worked for me a few years ago

Edit: when I was going through this, the lady at the office told me that I could dispute the allegation and then plead guilty and dispute the fine while in court and it wouldn't make any difference. She was right. Not sure if things have changed since then

Also, when I showed up in court (poco), the officer approached me first and asked what my intentions were, and ended up putting a good word on for me in from of the JOP to have my fine reduced (YMMV). I was also let off easy, but not nearly as much as you. I was clocked 25km/h over but given under 21km/h

Good luck and stop speeding lol I stopped ever since
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Probation is permanent until you get your Class 5.

Did you have any records of accidents? Thing is I have a friend who had the exact same problem and he got through it fine, but it seems to be a
case-by-case basis (i.e. hope the superintendent doesn't hate you). Searching online this also seems to be the case so far through my readings. My driving record is good otherwise as well as his- no accidents, ever.

I talked to a lawyer but he is quoting me $2500 to deal with it... he said that it wouldn't be a problem, but 2500... I really don't want to resort to my credit cards, since I don't have a 'spare' 2500 laying around right now

I have not had any at fault accidents to date
If your probation ends soon and you plead guilty for it after this date and you obtain your class 5, you likely will not get suspended, saving you $2500?

Can't help you there, I've never actually tried to completely get out of something I'm responsible for and have never worked with a lawyer
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Probation has no expiry time until you get your Class 5.

So essentially when you get your class 5 you're off probation, so 3 points won't suspend you?
I'm not sure how the point system works. I think it also goes annually so if you plead guilty over a year (or is it two?) after your last infraction with points you will not be suspended
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