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

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Old 11-25-2012, 01:42 PM   #1
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DUI

hey guys so i messed up yesterday and drove while under the influence of alcohol. Anyways save me the lecture, i know i messed up and im ready to face the consequences.

So i blew a fail yesterday and my car was impounded for 30 days, and i recieved a 90 day driving prohibition.

my questions

1) i thought ur suppose to receive a 500 dollar ticket for this on the spot? i didn't receive any tickets last night.

2) i was driving my mothers vehicle, and its her only vehicle to get around. what are the chances of me winning an appeal and getting the car released early?

3) when will i receive a letter from the superintendent telling me im prohibited from driving and tell me i have to get the interlock system installed in my vehicle.
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Old 11-25-2012, 02:36 PM   #2
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also regarding the vehicle impoundment. If i apply for early release, can i make the appeal or does my mother have to apply?
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Old 11-25-2012, 03:43 PM   #3
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I'm 110% positive there is no such thing as early release? Don't quote me n it though.

Pretty much you need to file an appeal with SMV, if it gets thrown out, all towing and tickets are paid for and car is released. If your prohibition is approved, your sol, car stays impounded, prhibited for 90 days, then under probation (interlock) for 1 year.
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Old 11-25-2012, 04:17 PM   #4
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Old 11-25-2012, 04:26 PM   #5
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Disputes, Appeals and Reviews - Driver Behaviour and Road Safety - Office of the Superintendent of Motor Vehicles

Review of a Vehicle Impoundment and Early Release of the Vehicle

Whether you are the driver of an impounded vehicle or owner of the impounded vehicle, you have the right to request an administrative review of the impoundment if the period of impoundment is over seven days. There are instructions on how to apply for a review on the 'Notice of Impoundment' that was issued at the roadside.

For information see, Vehicle Impoundment

To apply for a review, attend the nearest ICBC Driver Licensing Office to complete a Vehicle Impoundment Application for Review for and pay the review fee – see Fees for Services

When a review decision is made, you will receive the decision by regular mail. It will be sent to the address you provided on your review application. If your review results in the impoundment being lifted, the Superintendent's office will notify you and fax an 'order of release' to the impoundment lot. You may pick up your vehicle and pay the storage and towing fees that apply.

Stolen Vehicle: Police can authorize the release of the vehicle if they are satisfied it was stolen. The cost of towing and storage accrued to that point must be paid by the vehicle owner before the vehicle is released.

Unlicensed Driver: If your vehicle was impounded because you or the person operating it was unlicensed at the time, your vehicle can be released when you or the person who operated the vehicle is issued a new driver's licence. For driver licence information see ICBC. This option is not available if the driver was prohibited from driving at the time the vehicle was impounded.

Driving Prohibition and Impoundment: If police impounded your vehicle and also served you with a driving prohibition, and you have grounds to have the prohibition reviewed, you may request a review of the driving prohibition. Only the driver of the vehicle who received the driving prohibition by police may apply for the review. If successful, the vehicle will be immediately released and the towing and impound fees refunded.

Other Impoundable Offences: For example, impoundments not related to an impaired driving infraction, such as driving while prohibited or suspended; excessive speeding, racing or stunt driving; or failure to obey a driving restriction.

A request for a review can be made by the owner of the vehicle (who was not the driver receiving the impoundment sanction) on grounds of absence of consent to allow the driver to use the vehicle.

Early Release on Compassionate Grounds: An individual who holds a valid driver's licence and who cohabits with the owner of the vehicle who received the vehicle impoundment sanction may apply for early release on compassionate grounds (such as economic hardship) – the request for review must be submitted within 15 days of the date of the impoundment. Information on the review process is printed on the back of the Notice of Impoundment.

To request a Review, visit any ICBC Driver Licensing Office to fill out the appropriate form, make application and pay the required fees. ICBC will submit your review application and schedule any necessary hearings.

Immediate Roadside Prohibitions (IRP) – 3-day, 7-day, 30-day, 90-day

You have seven days from the date you received the Notice of Driving Prohibition to request the Office of the Superintendent of Motor to review the prohibition. The adjudicator can only consider these grounds during the review:

You were not the driver or in care or control of a motor vehicle;
You were not advised of your right to a second test on an approved screening device (ASD);
You requested a second test, but the officer did not perform the test;
Your second test was not performed on a different ASD;
The prohibition was not served on the basis of the lower ASD test result;
The result of the ASD test was not reliable;
The ASD, which formed the basis for the prohibition, did not register a WARN reading;
The ASD registered a WARN, but your blood alcohol content was less than 0.05 (50 milligrams of alcohol in 100 millilitres of blood);
The ASD, which formed the basis for the prohibition, did not register a FAIL reading;
The ASD registered a FAIL, but your blood alcohol content was less than 0.08 (80 milligrams of alcohol in 100 millilitres of blood);
You did not refuse or fail to comply with a demand to provide a breath sample, or you had a reasonable excuse for refusing or failing to comply with a demand; OR
You did not have the required number of previous WARN range prohibitions for a 7 or 30 day prohibition (in which case the Superintendent may reduce the length of the prohibition and related monetary penalties)

The hardship that may be caused by the loss of your driving privileges cannot be considered during a review.

To request a review you must complete an 'Application for Review of an Immediate Roadside Prohibition' form, available from any ICBC Driver Licensing Office. You will need to include the date and location where you were issued the prohibition by police and all relevant information to support your request to review the decision. There is a fee that must be paid when you submit your request – see Fees for Services. The fee differs depending on how you will present your case – written submissions can be provided for any immediate roadside prohibition or you may present your case by phone (oral) for any 30-day or 90-day prohibition on the date scheduled by the Superintendent's office.

Prior to the review you will receive a copy of police information the adjudicator will consider. You are given an opportunity to present further information to the adjudicator before the review is held. Important: even though you are going through a review process, you may not drive while the prohibition is in effect.

After the review the adjudicator will send you a written decision. In most cases, the decision will be sent within 21 days from the date you were served with the Notice of Driving Prohibition. The three possible decision outcomes are the driving prohibition:

The prohibition will be revoked (i.e., removed from your driving record) and you can apply for a new driver’s licence (the driver's licence reinstatement fee and any monetary penalties will be waived);
The length of the prohibition will be reduced;
Or, the prohibition is confirmed, unchanged.

Drivers dissatisfied with the outcome of their review may also make an application under the Judicial Review Procedure Act to have the decision reviewed by the Supreme Court.

Administrative Driving Prohibition (ADP) – 90-day

The review process is the same as what is outlined above for 3-day, 7-day, 30-day and 90-day Immediate Roadside Prohibitions. The difference is that if you apply for a review, the ADP driving prohibition does not begin until the review is complete and finds the ADP stands as issued. When reviewing ADPs, the adjudicator can only consider the following:

you did not operate or have care or control of the vehicle;
you did not have a blood alcohol content greater than 0.08 within three hours;
you did not fail or refuse to comply with a demand for a breath or blood tests; or
you had reasonable excuse for failing or refusing to comply.

Review of a Prohibition Decision issued due to a Poor Driving Record

The Superintendent of Motor Vehicles can issue a driving prohibition if a review shows you have a poor driving record – this process of reviewing your driving record is part of the Driver Improvement Program. If this is the case for you, you will have received a ‘Notice of Intent to Prohibit’. If you wish to have the decision to prohibit you from driving reviewed, you have 21 days from the date of the ‘Notice of Intent to Prohibit’ – after which you will receive the final 'Notice Of Prohibition' that orders you to stop driving immediately and sets out the length of the prohibition.

You may request an administrative review of the decision (it is not a court process) even if you have been issued the final Notice of Prohibition and have begun to serve your driving prohibition. The driving prohibition remains in effect while the review is being conducted, so you may not drive.

The application form you must complete may be downloaded below:

Driver Improvement Program – Application for Review

. . . or you can pick on up from any ICBC Driver Licensing Office – Form MV2323 ' Driver Improvement Program Application for Review'. There is a fee to apply – see Fees for Services .

Along with the completed form and payment, you must include your written reasons as to why you think the driving prohibition should not have been issued or why the length of the prohibition should be shorter. The ICBC Driver Licensing Center will give you a copy of the review guidelines which outlines the full process. You will also receive a copy of any information the adjudicator will consider when reviewing your case, including information from the police, and you will be given the opportunity to provide additional evidence.

If review overturns the decision, the prohibition is revoked. This means the record is removed from your driving history. Drivers dissatisfied with the outcome of their review may also make an application under the Judicial Review Procedure Act to have the decision reviewed by the Supreme Court. You are responsible for the costs of the appeal.

For more information, read the Driver Improvement Program page on this website and / or download this factsheet: Driver Improvement Program
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Old 11-25-2012, 04:59 PM   #6
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don't you get a criminal record as well?
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Old 11-25-2012, 07:07 PM   #7
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I'm 110% positive there is no such thing as early release? Don't quote me n it though.
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Old 11-26-2012, 09:01 AM   #8
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don't you get a criminal record as well?
No criminal record. The whole point of the IRP program was to clear up the court system from people contesting criminal dui charges in court.
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Old 11-27-2012, 03:48 PM   #9
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Old 11-30-2012, 06:35 PM   #10
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yea, u can apply for early release. My friends filled an appeal on compassionate grounds and got the car released within a couple of days since he was not the registered owner of the car.

ps. These new drinking/ drinking rules are ridiculous! Im all for the driving prohibition for 3 months, but impounding the car for 30 days is uncalled for(especially if the car is registered under someone else name), as well as the automatic breathlyzer install. Its just another stupid money grab by icbc(bunch of crooks). They ding you for every little thing!

ex. renew license 60-70 bux
file an appeal 100 bux

Now i know a bunch of people are going come in and say " I have no compassion or sympathy towards people that drink and drive" or "they could have killed someone" well everyone make mistakes and lets look at the facts not what could have happened.

If anyone has dealt with icbc have it be an accident, or something else u know that they do anything in their power to not cover u! They are a bunch of bullies and treat you like crap, until you show up with a lawyer than they shit bricks and back down! Wtf the point of having insurance!? I cant wait to the day they privatize insurance!

Last edited by z-33; 11-30-2012 at 06:43 PM.
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Old 11-30-2012, 08:23 PM   #11
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Old 11-30-2012, 08:59 PM   #12
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yea, u can apply for early release. My friends filled an appeal on compassionate grounds and got the car released within a couple of days since he was not the registered owner of the car.

ps. These new drinking/ drinking rules are ridiculous! Im all for the driving prohibition for 3 months, but impounding the car for 30 days is uncalled for(especially if the car is registered under someone else name), as well as the automatic breathlyzer install. Its just another stupid money grab by icbc(bunch of crooks). They ding you for every little thing!

ex. renew license 60-70 bux
file an appeal 100 bux

Now i know a bunch of people are going come in and say " I have no compassion or sympathy towards people that drink and drive" or "they could have killed someone" well everyone make mistakes and lets look at the facts not what could have happened.

If anyone has dealt with icbc have it be an accident, or something else u know that they do anything in their power to not cover u! They are a bunch of bullies and treat you like crap, until you show up with a lawyer than they shit bricks and back down! Wtf the point of having insurance!? I cant wait to the day they privatize insurance!
You do realize that ICBC does not make the rules - or even enforce them. People who drive impaired will continue to drive despite numerous convictions and suspensions.... the ignition interlock device is brilliant. Just wait until some chronic drunk drives into your family...
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Old 11-30-2012, 09:28 PM   #13
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You do realize that ICBC does not make the rules - or even enforce them. People who drive impaired will continue to drive despite numerous convictions and suspensions.... the ignition interlock device is brilliant. Just wait until some chronic drunk drives into your family...
great support your argument by an event that hasent even taken place.
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Old 12-01-2012, 04:46 AM   #14
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great support your argument by an event that hasent even taken place.
I don't need to support any argument. ICBC doesn't make or enforce the rules. When you're older, and perhaps more aware what is happening in real life, you'll understand.

The IRP program is working.
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Old 12-01-2012, 07:37 AM   #15
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ps. These new drinking/ drinking rules are ridiculous! Im all for the driving prohibition for 3 months, but impounding the car for 30 days is uncalled for(especially if the car is registered under someone else name),
And how often do we hear about someone being stopped for DUI, whose license is already suspended for other DUIs? Taking away someone's license does NOTHING to actually stop them from driving... taking away their car does.

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Disputes, Appeals and Reviews - Driver Behaviour and Road Safety - Office of the Superintendent of Motor Vehicles

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Early Release on Compassionate Grounds: An individual who holds a valid driver's licence and who cohabits with the owner of the vehicle who received the vehicle impoundment sanction may apply for early release on compassionate grounds (such as economic hardship) the request for review must be submitted within 15 days of the date of the impoundment. Information on the review process is printed on the back of the Notice of Impoundment.

To request a Review, visit any ICBC Driver Licensing Office to fill out the appropriate form, make application and pay the required fees. ICBC will submit your review application and schedule any necessary hearings.
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Old 12-01-2012, 04:36 PM   #16
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And how often do we hear about someone being stopped for DUI, whose license is already suspended for other DUIs? Taking away someone's license does NOTHING to actually stop them from driving... taking away their car does.
Normal citizens do not do this. When their license/car is taken away they do not drive. Ur painting a picture of a alcoholic/drug addict.
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Old 12-01-2012, 07:50 PM   #17
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Normal citizens know its not ok, not smart, not legal to drink and drive.
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Old 12-01-2012, 09:18 PM   #18
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Other countries DWI penalties...

Australia:

The names of the drivers are sent to the local newspapers and are printed under the heading “He’s Drunk and in Jail”.

Malaysia:

The Driver is jailed and if married, his wife is jailed too. (if this was in the US, it could explain the high divorce rate




South Africa:

A 10 year prison sentence and the equivalent of a $10,000 fine.

Turkey:
Drunk drivers are taken 20 miles outside of town by police and are forced to walk back under escort

Norway:
Drunk drivers are automatically jailed for 3 weeks at hard labour coupled with a license suspension for one year. Second offence within five years – license revoked for life.

Finland & Sweden:

Automatic jail for one year of hard labor.

Costa Rica:

Police remove plates from car.

Russia:
Not many may be surprised that they have tough laws based on Russians long love affair with alcohol. If caught driving under the influence of alcohol, you lose your driving license for life. Even upon the first offense.

Saudi Arabia:
Other countries have even gone even further in their DUI laws. In Saudi Arabia, DUI offences are punishable by lashes in the public square.
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Old 12-01-2012, 09:30 PM   #19
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Talk about cruel and unusual punishment. We are lucky to have the Charter.
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Old 12-01-2012, 11:50 PM   #20
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Normal citizens do not do this. When their license/car is taken away they do not drive. Ur painting a picture of a alcoholic/drug addict.
I seem to recall stories of convicted street racers, and others who've had their licenses suspended or revoked for reasons NOT involving alcohol, continuing to drive as well. Once again, simply taking away that little plastic card does ZERO to guarantee a menace stays off the road.
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Old 12-02-2012, 12:00 AM   #21
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...taking away that little plastic card does ZERO to guarantee a menace stays off the road.
Of course! But thanks to the s. 12 of the Charter (like Energy mentioned), doing anything more then taking away that plastic card would most likely infringe that right (since our Courts exercise very strict views when it comes to Charter violations). The Charter is a double edged sword in many instances...
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Old 12-02-2012, 12:05 AM   #22
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Well, a menace can also be kept off the road by putting them in jail... holding onto their car for a few weeks is far less troublesome for all involved, overall.

Maybe people should be given that choice? Either you spend "x" days in jail, or your car is impounded for "2x" days - your call. Then if someone else is relying on that car, you can easily save them the loss of it.
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Old 12-02-2012, 12:17 AM   #23
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Well, a menace can also be kept off the road by putting them in jail... holding onto their car for a few weeks is far less troublesome for all involved, overall.

Maybe people should be given that choice? Either you spend "x" days in jail, or your car is impounded for "2x" days - your call. Then if someone else is relying on that car, you can easily save them the loss of it.
I agree that some stricter provision should be put in place. It is a pity that we have a quasi "two-strike" policy in place so that strict punishment is only justified upon repeat offence.
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Old 12-06-2012, 11:46 PM   #24
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Although I don't like ICBC and the way they handle claims (I've been messed around by them a few times),

I can agree with the laws on drinking/racing, etc.

It defintely works.

Scare the shit outta the people so they won't do it again, sort of thing.

My friend got caught with a 0.05. And he's sitting at about $4000 I think of penalties.

He's my main reminder ('cuz he bitches about it all the time), not ICBC.
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Old 12-07-2012, 10:15 AM   #25
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Dont like the consequences, dont do it! I mean everyone knows the risk and whats going to happen, yet they choose to do it. This is life not GTA, you have to take responsibilities for your actions
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