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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 08-09-2015, 11:12 PM   #26
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Originally Posted by BallPeenHammer2 View Post
As far as I've been informed, neither charges constitute as a indictable offence (serious doo-doos - correct me if I'm wrong, PO's). This is AT MOST a summary offence, which is the same thing given to you if someone wanted to charge you for shoplifting.

Relax. You'll be OK.
Ok. =) I'll address the Impaired portion, assuming that he was dealt with criminally (you still get a 90 day prohibition - Administrative Driving Prohibition - if dealt with criminally and you refuse to provide a sample, or blow over 80mg%, it just happens differently).

Impaired driving is a dual procedure/"hybrid" offence that can be proceeded with summarily or by way of indictment. It is up to Crown in BC how the case proceeds, if at all.

Having said that, a summary criminal conviction is still a criminal conviction and can land you with a Criminal Record. I say "can" because, believe it or not, just because you are convicted with something doesn't mean you automatically get a Criminal Record.


For Ferra/the other mis-informed people who would like to be properly informed (short of speaking with a lawyer):

Read Section 253 of the Criminal Code again. You can be charged for Impaired Operation of a Motor Vehicle and/or Impaired while over 80mg%. Two separate charges. You don't need to be over 80mg% to be charged with Impaired.

Quote:
Section 253
(1) Every one commits an offence who operates a motor vehicle or vessel or operates or assists in the operation of an aircraft or of railway equipment or has the care or control of a motor vehicle, vessel, aircraft or railway equipment, whether it is in motion or not,

(a) while the person’s ability to operate the vehicle, vessel, aircraft or railway equipment is impaired by alcohol or a drug; or

(b) having consumed alcohol in such a quantity that the concentration in the person’s blood exceeds eighty milligrams of alcohol in one hundred millilitres of blood.

(2) For greater certainty, the reference to impairment by alcohol or a drug in paragraph (1)(a) includes impairment by a combination of alcohol and a drug.
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Old 08-10-2015, 12:49 AM   #27
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HOV is 24/7 from coquitlam and west as I take that frequently. It used to be mon to fri 6am to 7pm but not anymore.
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Old 08-10-2015, 03:02 PM   #28
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HOV is 24/7 from coquitlam and west as I take that frequently. It used to be mon to fri 6am to 7pm but not anymore.
That only started as of August 1 if I am not mistake.

Op's post implies that this entire ordeal went down July 25th. So technically the HOV thing is a non-issue.
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Old 08-12-2015, 05:24 AM   #29
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Did you blow? Or refuse to blow? Cuz if you blew then you're gonna have a record. If you don't blow; no record.

As for the court appearance, that does make sense that you have one... Usually it takes up to a year to get a court appearance. Did you get a letter in the mail or what?

Need more info bra.
That's not true. If you refuse to provide a breath sample you can get charged with refusal, which holds the same penalty as impaired.
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Old 08-12-2015, 08:42 AM   #30
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Originally Posted by GabAlmighty View Post
Did you blow? Or refuse to blow? Cuz if you blew then you're gonna have a record. If you don't blow; no record.
Incorrect.

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Originally Posted by Oscar_Binswood View Post
That's not true. If you refuse to provide a breath sample you can get charged with refusal, which holds the same penalty as impaired.
Correct.

Quote:
Section 254
Failure or refusal to comply with demand

(5) Everyone commits an offence who, without reasonable excuse, fails or refuses to comply with a demand made under this section.
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Old 08-12-2015, 10:24 AM   #31
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I lose sympathy as soon as I see that you drove drunk.

The 40 over laws, and i'll take hate for this, are retarded.

141km/h stone cold sober (you weren't so fuck you) at 4am... So many people do it. You just got un lucky.

Throw in the fact that you were drinking while on a class 7N, and blew over, AND were doing 40 over? Yeah. Lawyer up.
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Old 08-12-2015, 05:53 PM   #32
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Incorrect.
Fair enough. Was just going off of what my friends have told me; ones who have refused to blow.
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Old 08-13-2015, 06:06 AM   #33
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Fair enough. Was just going off of what my friends have told me; ones who have refused to blow.
Wasn't meant to be a bash against you, just trying to correct mis-information out there. If one extra bit of information helps keep people from drinking and driving, all the better.
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Old 08-13-2015, 08:56 AM   #34
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The 40 over laws, and i'll take hate for this, are retarded.
The law may be stupid at times, but it's still the law, and as inconvenient as it can be this one isn't hard to follow.
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Old 08-13-2015, 09:07 AM   #35
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The law may be stupid at times, but it's still the law, and as inconvenient as it can be this one isn't hard to follow.
Except when the speed limits on roads are set too low.
30 km/h down Hastings.
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Old 08-13-2015, 09:30 AM   #36
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Except when the speed limits on roads are set too low.
30 km/h down Hastings.
Yeah, just cause there are so many jaywalkers there. It sucks that they break the law and everyone else basically will have to change to accommodate them. But then again, I don't remember the last time I drove down that area.
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Old 08-13-2015, 09:34 AM   #37
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Except when the speed limits on roads are set too low.
30 km/h down Hastings.
You'd have to do 70 to get impounded then. Its been a while since I was in that area but I doubt you'd be doing 70 very often.
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Old 08-13-2015, 10:48 PM   #38
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You'd have to do 70 to get impounded then. Its been a while since I was in that area but I doubt you'd be doing 70 very often.
I don't even dare to, with the risk of having some diseased drug addict splattering all over my windshield
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Old 08-13-2015, 10:50 PM   #39
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Ok. =) I'll address the Impaired portion, assuming that he was dealt with criminally (you still get a 90 day prohibition - Administrative Driving Prohibition - if dealt with criminally and you refuse to provide a sample, or blow over 80mg%, it just happens differently).

Impaired driving is a dual procedure/"hybrid" offence that can be proceeded with summarily or by way of indictment. It is up to Crown in BC how the case proceeds, if at all.

Having said that, a summary criminal conviction is still a criminal conviction and can land you with a Criminal Record. I say "can" because, believe it or not, just because you are convicted with something doesn't mean you automatically get a Criminal Record.


For Ferra/the other mis-informed people who would like to be properly informed (short of speaking with a lawyer):

Read Section 253 of the Criminal Code again. You can be charged for Impaired Operation of a Motor Vehicle and/or Impaired while over 80mg%. Two separate charges. You don't need to be over 80mg% to be charged with Impaired.

GAH MY BRAIN HURTS. lol
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Old 08-14-2015, 02:42 PM   #40
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GAH MY BRAIN HURTS. lol
That's how me and a bunch of my troop mates felt when we went through depot haha
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Old 08-14-2015, 09:03 PM   #41
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But did your Troop do sign in duties in the well of D Block...or all nite in the guard shack at the gate...or ins-and-outs in the pool or a 4 day weekend CB for the entire Troop? Woosie!!!
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Old 08-14-2015, 09:07 PM   #42
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I loved the ins and outs. Especially when my foot would slip in the wet tile trying to get out and smashing my shins onto the edge.
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Old 08-15-2015, 07:19 AM   #43
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We were lucky...only had to do 85! If you get a really good pool bottom push, the tile thing is not a problem. Only breathing is! Newbies these days have no idea how coddled they are.
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Old 08-15-2015, 11:46 AM   #44
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Haha ya depot isn't exactly what it used to be any more. When I graduated, troops were doubling for maybe 2-3 weeks before given their ankle boots. And, they didn't even have to march through SM parade to earn them!

From speaking to a few of the old timer facilitators, they've really softened up on drill, however they said the program is far more academic challenging than before.
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Old 08-15-2015, 01:56 PM   #45
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next time rip a couple rails to sober up first
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