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Go Back   REVscene Automotive Forum > Automotive Chat > Police Forum

Police Forum Police Head Mod: Skidmark
Questions & info about the Motor Vehicle Act. Mature discussion only.

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Old 11-05-2012, 11:04 PM   #1
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Driving while prohibited?

Well I am wondering what will happen when you get caught driving while your suspended? like is there a specific penalty or does it just go through court?
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Old 11-05-2012, 11:12 PM   #2
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googled it and came up with this

"ff you operate a motor vehicle while you have been prohibited from doing so by the Superintendent of Motor Vehicles or the Court, you may be charged with driving while prohibited under the Motor Vehicle Act or driving while disqualified under the Criminal Code. Each of these offences carries a mandatory minimum penalty of a $500 fine and a one-year driving prohibition for a first conviction. If you have a previous conviction for one of these offences on your record, you may also face a mandatory 14-day jail sentence along with an increased fine and lengthier driving prohibition if convicted again."

this is on some lawyer website from BC
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Old 11-05-2012, 11:14 PM   #3
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There you go. Google next time ok?

95 (1) A person who drives a motor vehicle on a highway or industrial road knowing that

(a) he or she is prohibited from driving a motor vehicle under section 91, 92, 93, 94.2, 215, 215.43 or 251 (4)
(b) [Repealed 2010-14-10.]

commits an offence and is liable,
(c) on a first conviction, to a fine of not less than $500 and not more than $2 000 or to imprisonment for not more than 6 months, or to both, and
(d) on a subsequent conviction, regardless of when the contravention occurred, to a fine of not less than $500 and not more than $2 000 and to imprisonment for not less than 14 days and not more than one year.
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Old 11-05-2012, 11:15 PM   #4
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You have to go to court. Minimum $500 fine, longer suspension, criminal record and possibly jail.
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Old 11-05-2012, 11:21 PM   #5
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Old 11-06-2012, 04:21 AM   #6
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Your vehicle will also get a mandatory 7 day impound, unless you're driving a stolen car. If you're a repeat prohib driver, the OSMV will likely extend the impound to 30 days.
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Old 11-06-2012, 03:14 PM   #7
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My friend was suspended for speeding so often, he was a moron and continued driving. He got impounded, + fine, + 1 yr suspension.

He did it again while still suspended, got impounded again for a month, bigger fine, plus had to serve a couple weeks of minimum security jail, 10 year suspension.

So he then moved DT, found a job dt and basically stopped driving. He eventually got it appealed after 7-8 years and got his license back.

Moral of story. If you're suspended, don't drive. You get into an accident or someone gets into an accident with you and you will be liable. If you're an irresponsible driver, you get pulled off the road. You can try to fight it in court and spend thousands to try and appeal it. If it's a first time, and you have a very good reason why you need a car then the judge may show you some leniency. But you would need a VERY good reason.
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Old 11-10-2012, 05:55 AM   #8
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lol doing something illegally.. what do you think will happen..

its like asking, Will I go to jail if I run a grow op
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Old 11-10-2012, 09:23 AM   #9
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lol doing something illegally.. what do you think will happen..

its like asking, Will I go to jail if I run a grow op
Actually if you don't have much of a background, you'll be released on paper...

but try it in the states
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Old 11-10-2012, 02:03 PM   #10
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Do it, just don't get caught driving reckless again
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Old 11-11-2012, 11:23 PM   #11
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lol doing something illegally.. what do you think will happen..

its like asking, Will I go to jail if I run a grow op
unless you got a permit.
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Old 07-02-2013, 01:31 PM   #12
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bumping up an old thread.

my buddy has had to many speeding tickets, got his license suspended and was told to hand his license in to icbc.

hes still driving despite that we've told him not to, but he keeps saying "they haven't asked for my license back yet, so until they do im allowed to keep driving".

just to be clear, if hes caught, hes getting a 500$ ticket, 7 day impound, and 1 year suspension?
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Old 07-02-2013, 01:40 PM   #13
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Old 07-02-2013, 01:42 PM   #14
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Surrendering your licence
Once you have received a notice of suspension, you must surrender your licence to ICBC at a driver licensing office or to the officer who issued your suspension. You can also mail it to us at:
ICBC Licensing Programs
Box 3750
910 Government Street
Victoria, BC
V8W 3Y5
If he's received the notice of suspension he should turn it in.

The consequences if he drives while suspended are

Quote:
Driving while prohibited or while your driver's licence is suspended is a criminal offence. If you're convicted of driving while prohibited, even if it is your first offence, you will be prohibited for at least 12 months. In addition, you will face fines and possible jail time:

On a first conviction there is a fine from $500 to $2,000 and the possibility of imprisonment for up to six months, or both (court ordered).

On a subsequent conviction regardless of when the contravention occurred, the fine is $500 to $2,000 and 14 days to one year of imprisonment (court ordered).

Your vehicle will be impounded Even if the vehicle you're caught driving is not yours, it will be impounded. Towing and storage costs will be charged to the owner of the vehicle. The impoundment periods are:

7 days for 1st infraction
30 days for the 2nd infraction
60 days for the 3rd infraction
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Old 07-02-2013, 01:55 PM   #15
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Quote:
Originally Posted by stewie View Post
bumping up an old thread.

my buddy has had to many speeding tickets, got his license suspended and was told to hand his license in to icbc.

hes still driving despite that we've told him not to, but he keeps saying "they haven't asked for my license back yet, so until they do im allowed to keep driving".

just to be clear, if hes caught, hes getting a 500$ ticket, 7 day impound, and 1 year suspension?

Theres no ticket. I did the same thing where I drove until I got pulled over. They gave me a letter to sign stating forfeiture of license. So my suspension started that date the officer took my license. I had a friend with me who drove the vehicle afterwards. Note this was 10 years ago though.
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Old 07-02-2013, 01:58 PM   #16
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If he's received the notice of suspension he should turn it in.

The consequences if he drives while suspended are
thank you! now I can show him this!
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Old 07-02-2013, 09:05 PM   #17
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Tell him also that his insurance coverage is not valid and he will pay 100% of all costs in as he is not insured.
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Old 07-02-2013, 11:34 PM   #18
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Tell him also that his insurance coverage is not valid and he will pay 100% of all costs in as he is not insured.
Yup, only need to tell him this. He will turn in his license immediately.
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Old 07-03-2013, 02:14 AM   #19
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Quote:
Originally Posted by stewie View Post
bumping up an old thread.

my buddy has had to many speeding tickets, got his license suspended and was told to hand his license in to icbc.

hes still driving despite that we've told him not to, but he keeps saying "they haven't asked for my license back yet, so until they do im allowed to keep driving".

just to be clear, if hes caught, hes getting a 500$ ticket, 7 day impound, and 1 year suspension?
If he has not handed in his license his suspension has not started. If he gets caught the officer will take away his license his and his suspension will start. The officer will give him enough time to get his car back home. I have heard of people who have there license suspended for 3 months wait 2 months and then send in there license with the form singed dated 2 months back so they only don't drive for 1 month.
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Old 07-03-2013, 05:17 AM   #20
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If they have been served a letter of suspension (& I believe that you say he was) then the suspension started on that date. The fact he didn't turn in the actual DL does not halt the process. When he signed for the registered letter with his suspension notice in it the clock started ticking. If he did not pick the letter up then if he gets stopped MVB tells Police to serve the suspension notice at roadside, seize the DL and possibly give him a temp DL to get home....but that is up to the discretion of the Cop. I never did give this "break", specially if the driving history was bad. Your car got towed and you found a friend to pick you up. They broke the rules enough to get prohibited, got caught, tried to circumvent the process and got what was coming to them. ....finally.
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Old 07-03-2013, 10:06 AM   #21
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Do your friend a favour and call the police next time he is driving while prohibited
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Old 07-03-2013, 11:41 AM   #22
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Tell him also that his insurance coverage is not valid and he will pay 100% of all costs in as he is not insured.
If he's driving while prohibited, then he's not covered by insurance.

If he's not covered by insurance, then any damage to his car, himself, others and property will all be coming out of his pocket.

If he's not covered by insurance, and the other party is, then it's ICBC vs an uninsured motorist.

If I had ICBC on my side and he didn't, then ICBC will essentially be dishing out the nastiest, most "i'm entering you dry", "don't scream or it's going to hurt more" kind of rape known to man.
He's quite likely to just empty his entire bank account and then some.
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Old 07-03-2013, 05:44 PM   #23
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Some say....(Stig reference)......he may have it coming!
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Old 07-20-2013, 03:57 AM   #24
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You are driving a car if don't have driving license so that time driving prohibited for any body.
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Old 07-20-2013, 08:01 AM   #25
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Tell him also that his insurance coverage is not valid and he will pay 100% of all costs in as he is not insured.
what if it's an accident where is he rear ended or something where he is technically not at fault?
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