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Prohibited from driving for 90 days and excessive speeding.
dumbdecisions
07-30-2015, 09:12 PM
Hey,
I made a bad decision and last Sat. I got behind the wheel and I was over the limit. I have a class 7N license and it got taken away for 90 days and my car got impounded on HWY 1 near Surrey. I got a violation ticket for not wearing corrective lenses (I was wearing contacts) and driving in the HOV lane.
I got a court appearance for excessive speeding. I was charged under 148(1) MVA for that. Why didn't he just give me a ticket? Why do I have to go to court? I'm new to the board and I would really appreciate some help.
I'm in medical school overseas and I can't have a criminal record as it would really hinder my future job. I definitely learned my lesson and am not drinking again, I was never a heavy drinker. I'd go out once or twice a month, reluctantly unless my friends were really pushing. I sucked at socializing that night and I went overboard with it....
Thanks.
fivetwo
07-30-2015, 09:25 PM
Strong username to post content
GabAlmighty
07-30-2015, 09:47 PM
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.
v_tec
07-30-2015, 09:55 PM
Wait....so you were
a) Excessive speeding
b) Drank over the limit for a 7N
c) Drove on a HOV lane
d) Didn't have corrective lenses
All 4 at together??! Your licence should be taken away from you permanently :rukidding:
GabAlmighty
07-30-2015, 09:58 PM
HOV lane and corrective lenses don't count as real tickets (assuming contacts are used). And they carry no points anyways so they're null/void
v_tec
07-30-2015, 10:18 PM
HOV lane and corrective lenses don't count as real tickets (assuming contacts are used). And they carry no points anyways so they're null/void
The first two combined is bad enough - heck even the 1st one is severe enough.
Brb, emailing this guy's dean.
jonwon
07-30-2015, 10:51 PM
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.
Don't scare him with the wrong information. With the IRP introduced, it works under the MVA so it does not leave a person with a criminal record and it stays on his driving record (for 5 years i believe). The officer does have the option to charge him criminally, but since he said he's suspended for 90 days, it looks like they gave him an IRP. Refusing to blow is actually worse because they automatically classify you as impaired and then you will have to spend lawyer fees if you wish to fight it; which does not guarantee a win.
zilley
07-30-2015, 11:53 PM
fucking rs, always with the "you dont deserve this and that bs" talking like you guys never made a single mistake in your life and just because you didnt get caught speeding or whatever it is, doesnt mean you didnt break the law.
guys trying to get help and he clearly knew that he did was wrong.
OP, someone will chime in soon to help you out as I have no clue.
320icar
07-31-2015, 12:30 AM
Sounds like you got a lot of shit to work out man. Sort your life out
pinn3r
07-31-2015, 12:55 AM
fucking rs, always with the "you dont deserve this and that bs" talking like you guys never made a single mistake in your life and just because you didnt get caught speeding or whatever it is, doesnt mean you didnt break the law.
guys trying to get help and he clearly knew that he did was wrong.
OP, someone will chime in soon to help you out as I have no clue.
revscene got no chill
dumbdecisions
07-31-2015, 02:58 AM
It was a bad decision. I'm not a heavy drinker and I thought I was sober, it was a bad judgement call. I was sober for 5-6hrs but I recently lost a lot of weight since I compete in boxing... I'm also not a heavy drinker so it had a stronger effect on me. However I did a sobriety test (checked balance and heel to toe walking with turn) and used a BAC calculator on my phone prior to driving, if it helps...
I have no criminal record and I'm an honor roll student. I've done two years of pre med and I was supposed to do my first year of med school last year however I had digestive issues that caused me to take passive semesters. I'm a good person and I was speeding because no one was on the highway, it was 4am on a Sat. I know multiple people that drive drunk after a night out to get McDs or something and haven't been caught. I did it once and got caught. I know people that race their friends on the way to the gym and never get issued a ticket or just get a warning because their good looking chicks.
I was wearing contact lenses and the HOV lane I thought was available to single lane drivers after 7pm and on the weekends... If I were to be charged as a criminal it would destroy my career...
I graduated from a Christian school and I'm trying to become a doctor so I can make money to support my dad who currently works 15hr days and my mom who has mental/depressive issues. Don't make me out to be a scum of the earth because I made bad decisions one night. I'm not a perfect person but i'm striving everyday to be better. After this one issue at 21 years old I have decided to quit drinking... Sorry if I can't be up to your standards, if you can't help me out then avoid the thread.
zulutango
07-31-2015, 04:30 AM
Usually tickets are issued for the offences you described (Excessive speed,driving contrary to restrictions, HOV lane) ,....but because I'm assuming you were charged with impaired driving under the criminal code, they are all being heard in provincial court. BTW, in some people's minds....a "good person" doesn't choose to drive at an excessive speed and consume alcohol ( ZERO BAC on your licence) and drive, even if it is 4am. Those have nothing to do with weight loss or parents who need support. IF your parents do need your support then that is even more reason to NOT do everything you did. If you have legal questions you should be talking to a lawyer, not asking RS for a way to get off with no charges.
GabAlmighty
07-31-2015, 06:56 AM
Don't scare him with the wrong information. With the IRP introduced, it works under the MVA so it does not leave a person with a criminal record and it stays on his driving record (for 5 years i believe). The officer does have the option to charge him criminally, but since he said he's suspended for 90 days, it looks like they gave him an IRP. Refusing to blow is actually worse because they automatically classify you as impaired and then you will have to spend lawyer fees if you wish to fight it; which does not guarantee a win.
Usually tickets are issued for the offences you described (Excessive speed,driving contrary to restrictions, HOV lane) ,....but because I'm assuming you were charged with impaired driving under the criminal code, they are all being heard in provincial court. BTW, in some people's minds....a "good person" doesn't choose to drive at an excessive speed and consume alcohol ( ZERO BAC on your licence) and drive, even if it is 4am. Those have nothing to do with weight loss or parents who need support. IF your parents do need your support then that is even more reason to NOT do everything you did. If you have legal questions you should be talking to a lawyer, not asking RS for a way to get off with no charges.
It's the immediate court date which is making it seem as though he's being charged.
But like Zulu said, best bet is to just talk to a lawyer. All i'm spewing is info from people who have gotten DUI's in the past couple years.
melloman
07-31-2015, 11:28 AM
-You can fight the HOV lane issue as HOV Lane restrictions only last until 7pm Monday-Friday.
-The contacts vs. glasses is driving against restrictions which you are probably hooped for.
-Being an 'N' driver means absolutely no alcohol in your system, you should've known better on this one.
-And excessive speeding, even without the other 3 charges, would've got your car impounded and license taken away. Nothing you can do about this one either.
Your only option is to find a damn good lawyer who will try and find some loop holes for you. The "first offense" card can't even be played, as I doubt the judge would give sympathy for an 'N' driver who went 40+ while intoxicated.
boibuddha
07-31-2015, 12:09 PM
The Highway 1 HOV lane beyond Coquitlam is 24/7 if I'm not mistaken. OP might be given a pass as time limit is a common misconception for people who don't cross the river often.
The OP might be given the benefit of the doubt for the corrective lens infraction.
- single occupant in HOV lane
- excessive drinking and driving (probable DUI regardless of Class 5/7)
- excessive speeding
All the above show lack of care and respect to the law and other drivers the road. Buy a bottle of lube, OP. You'll be getting shafted a bit.
How does one get caught driving in the HOV lane when the highway is 4/5 lanes wide in the middle if the night?
Ulic Qel-Droma
07-31-2015, 02:08 PM
Chill out, your future won't be hindered because of this.
underscore
07-31-2015, 03:14 PM
It was a bad decision. I'm not a heavy drinker and I thought I was sober, it was a bad judgement call. I was sober for 5-6hrs but I recently lost a lot of weight since I compete in boxing... I'm also not a heavy drinker so it had a stronger effect on me. However I did a sobriety test (checked balance and heel to toe walking with turn) and used a BAC calculator on my phone prior to driving, if it helps...
I have no criminal record and I'm an honor roll student. I've done two years of pre med and I was supposed to do my first year of med school last year however I had digestive issues that caused me to take passive semesters. I'm a good person and I was speeding because no one was on the highway, it was 4am on a Sat. I know multiple people that drive drunk after a night out to get McDs or something and haven't been caught. I did it once and got caught. I know people that race their friends on the way to the gym and never get issued a ticket or just get a warning because their good looking chicks.
I was wearing contact lenses and the HOV lane I thought was available to single lane drivers after 7pm and on the weekends... If I were to be charged as a criminal it would destroy my career...
I graduated from a Christian school and I'm trying to become a doctor so I can make money to support my dad who currently works 15hr days and my mom who has mental/depressive issues. Don't make me out to be a scum of the earth because I made bad decisions one night. I'm not a perfect person but i'm striving everyday to be better. After this one issue at 21 years old I have decided to quit drinking... Sorry if I can't be up to your standards, if you can't help me out then avoid the thread.
Sorry but reading your posts all these excuses don't really matter, if you're excessively speeding while intoxicated it doesn't matter what school you went to, or who you're trying to support, you only have to fuck up once to kill yourself or someone else.
As a side note I have to ask, why do you have your N at 21?
BoostedBB6
07-31-2015, 03:48 PM
+141km/s, drunk, without being able to see properly......you deserve any and all fines and penalties they can possibly throw at you.
Your not the scum of the earth, simply a moron who does not want to take responsibility for your actions and simply plays it off as a bad decision......if this is how you make bad decisions I would hate to see any other decisions you make.
Hot Karl
08-01-2015, 06:31 AM
you're a future doctor. get a good lawyer now because when you make another bad decision and literally kill someone at work you won't have to come to revscene asking for advice.
an ounce of prevention is worth a pound of the cure.
wing_woo
08-04-2015, 09:44 AM
It was a bad decision. I'm not a heavy drinker and I thought I was sober, it was a bad judgement call. I was sober for 5-6hrs but I recently lost a lot of weight since I compete in boxing... I'm also not a heavy drinker so it had a stronger effect on me. However I did a sobriety test (checked balance and heel to toe walking with turn) and used a BAC calculator on my phone prior to driving, if it helps...
Unfortunately, BAC level for 7N driver is 0. If this is your first offense and you have an otherwise clean record, then maybe you can talk your way out of it.
You'd be best to contact a lawyer. Unfortunately, to top things off, you have Excessive speeding.
Ferra
08-04-2015, 01:53 PM
did you blow a warn or fail?
excessive speeding, HOV lane, contact lenses won't be the big issue... (you pay a fine, maybe get a 3-12 months license suspension)
impaired driving is the big deal and could leave a criminal record and screw up your life.
Check your tickets and court summon to make sure you weren't charged for DUI...I'd contact a criminal lawyer immediately if you were.
If the police just gave you a roadside suspension and not an impaired driving charge, go find a traffic paralegal and hopefully get your excessive speeding ticket reduced.
Ferra
08-04-2015, 01:57 PM
Unfortunately, BAC level for 7N driver is 0. If this is your first offense and you have an otherwise clean record, then maybe you can talk your way out of it.
You'd be best to contact a lawyer. Unfortunately, to top things off, you have Excessive speeding.
don't think you can be charged with impaired driving criminally if you blow under 0.08mg/100ml (even if your license say 0mg/100ml. )
The criminal code is >.08, if you blew .06, you are just breaking your license restriction, not breaking the impaired driving criminal law.
BallPeenHammer2
08-09-2015, 04:06 PM
I Like how some one new comes on, straight up admits he was being dumb, looks for a bit of direction, as us RS veterans just COMPLETELY SHIT ON HIM.
EVERY SINGLE ONE OF US on here has made a decision entirely out of a singular moment of dumbass-ery. So why don't we just give the kid the answer that he was looking for?
YOU'RE GONNA BE OK
My license has "corrective lenses required" That INCLUDES contacts. They are a LENS.
I did have a cop at a roadblock ask me and I just asked him to shine his flashlight in one of my eyes to check it out.
HOV Lane one is going to be OK too. If it was ok at 4AM, then it's cool.
The speeding and driving with BAC in your system are the 2 you won't get away with. Just take it on the chin like a man, and make sure you don't do it again.
You made a shitty judgement call. Like all people do. You didn't come here trying to get away with anything and for that, I applaud you. (A LOT of people come here to try and look for a "loophole").
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.
PS: Some of you guys on here need to learn how to read and comprehend the WHOLE post. Not just half.
underscore
08-09-2015, 08:11 PM
EVERY SINGLE ONE OF US on here has made a decision entirely out of a singular moment of dumbass-ery. So why don't we just give the kid the answer that he was looking for?
Thing is, OP made 3 stupid decisions all at the same time.
BallPeenHammer2
08-09-2015, 09:08 PM
-facepalm-
sho_bc
08-09-2015, 10:12 PM
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.
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.
|<e|_
08-09-2015, 11:49 PM
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.
meme405
08-10-2015, 02:02 PM
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.
Oscar_Binswood
08-12-2015, 04:24 AM
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.
sho_bc
08-12-2015, 07:42 AM
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.
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.
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.
dared3vil0
08-12-2015, 09:24 AM
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.
GabAlmighty
08-12-2015, 04:53 PM
Incorrect.
Fair enough. Was just going off of what my friends have told me; ones who have refused to blow.
sho_bc
08-13-2015, 05:06 AM
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.
underscore
08-13-2015, 07:56 AM
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.
SumAznGuy
08-13-2015, 08:07 AM
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. :heckno:
wing_woo
08-13-2015, 08:30 AM
Except when the speed limits on roads are set too low.
30 km/h down Hastings. :heckno:
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.
underscore
08-13-2015, 08:34 AM
Except when the speed limits on roads are set too low.
30 km/h down Hastings. :heckno:
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.
BallPeenHammer2
08-13-2015, 09:48 PM
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
BallPeenHammer2
08-13-2015, 09:50 PM
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
Oscar_Binswood
08-14-2015, 01:42 PM
GAH MY BRAIN HURTS. lol
That's how me and a bunch of my troop mates felt when we went through depot haha
zulutango
08-14-2015, 08:03 PM
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!!! :)
sho_bc
08-14-2015, 08:07 PM
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.
zulutango
08-15-2015, 06:19 AM
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. :)
Oscar_Binswood
08-15-2015, 10:46 AM
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.
BrRsn
08-15-2015, 12:56 PM
next time rip a couple rails to sober up first
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