Police Forum Police Head Mod: Skidmark
Questions & info about the Motor Vehicle Act. Mature discussion only. | |
05-17-2009, 01:40 AM
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#1 | NOOB, Not Quite a Regular!
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| Notice of prohibition question...
So ive currently served 2 months out of a 3 month prohibition after recieving the letter from the superintendent. But Just yesterday I had a cop take a look at my liscense that i havent yet surrendered outside a club parking lot and he gave me another notice of prohibition. So I was wondering if the prohibition stacks.. and why he gave me another notice of prohibition when i was not in a vehicle...
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05-17-2009, 03:14 AM
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#2 | Ricer Mod
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If you get a notice your supposed to surrender your license. You don't own it the government does and when they take it away they want it back. If you have already signed something that says you acknowlege the suspension your fine and the officer had every right to take it away as legally you shouldn't have had it. It does NOT compound but he lawfully must write you a notice to be sure that you recieved one.
Berz out.
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05-17-2009, 08:07 AM
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#3 | RS Peace Officer
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If you did not comply with the requirements of the original suspension letter and sign & return the paperwork, your suspension period does not begin & they figure you are ducking them. They then flag your DL on the system as "prohibited, serve suspension notice". Sounds like that is what happened. Look very closely at the dates on your notice of suspension served by the Cop...that will tell you what the actual suspension period is. You need to look at the start and end dates...specially the last ones. The countdown clock only starts running when the MVB gets your papers accepting the start of the suspension. If you had not done that, chances are your 3 month suspension might just be starting?
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05-17-2009, 10:19 AM
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#4 | Captain Happy Bubble is my Homeboy
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I had that same problem. If u go to the driver services centre and tell them when u stoped driving they will change the start date of your suspention. If your sign for the registered letter at the post office. They start your suspention at the day u recieved the registered letter. If an officer pulls you over, your license will have a hold on it. They will take you license away on the spot because you were driving. If an officer takes it from u when your not driving and issues u a probition notice, you can go to a driver services centre and tell them you stoped driving when u recieved the registered letter and the will backdate it to then.
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05-17-2009, 01:13 PM
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#5 | NOOB, Not Quite a Regular!
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Oh okay so I just tell them i stopped driving from the first prohibition notice which was 2 months ago?
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05-17-2009, 08:24 PM
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#6 | Retired Traffic Cop
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You can try, but I doubt that they will accept it....
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05-18-2009, 12:15 PM
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#7 | NOOB, Not Quite a Regular!
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But am I still capable of applying for an appeal or a reinstatement though?
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05-18-2009, 03:11 PM
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#8 | RS Peace Officer
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Read the papers you got with your original suspension notice. They tell you the steps to follow. The fact that you chose to ignore them up to the point where they had to chase you down & serve an immediate roadside prohibition,...is not likely to endear you to them. I believe that there is an appeal period listed on that paperwork. If it's past the deadline, well, you chose to ignore the break they gave you. Like Skidmark said, you can apply all you want but it seems very unlikely you will get a break because you have demonstrated contempt towards the process so far. There is no law preventing you writing them a letter...but I believe you are way outside the appeal process deadline.
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05-18-2009, 04:51 PM
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#9 | NOOB, Not Quite a Regular!
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Oh okay.. Yea I am just really confused because when I was 18 and recieved my first prohibition notice from the post office, I did not sign the paper acknowledging the prohibition and I had left the country for vacation 1 week after receiving it. Along with not signing the paper I had also kept my license for identification purposes and only surrendered it when I was ready to acquire my new DL after 3 months from receiving the notice. But anyways, this definitely looks like a bad misunderstanding of the instructions give to me and if this has happened to anyone else please lemme know.
bevy22 I pmed you about this same problem, please get back to me.
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05-18-2009, 07:38 PM
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#10 | I bringith the lowerballerith
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Originally Posted by 1mport I had also kept my license for identification purposes | That is why there are other widely accepted forms of identifications, such as a BC Identification Card, or a passport.
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05-19-2009, 07:59 AM
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#11 | ninja edits your posts without your knowledge
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| Quote:
Originally Posted by 1mport Oh okay.. Yea I am just really confused because when I was 18 and recieved my first prohibition notice from the post office, I did not sign the paper acknowledging the prohibition and I had left the country for vacation 1 week after receiving it. Along with not signing the paper I had also kept my license for identification purposes and only surrendered it when I was ready to acquire my new DL after 3 months from receiving the notice. But anyways, this definitely looks like a bad misunderstanding of the instructions give to me and if this has happened to anyone else please lemme know.
bevy22 I pmed you about this same problem, please get back to me. | IIRC, notice of prohibition =/= actual letter of prohibition. One is a get ready for your suspension while the other is you're now suspended.
I could be completely though.
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05-19-2009, 09:02 AM
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#12 | RS Peace Officer
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So if you get a letter from the Supt. M. Vehs. that says you are going to be prohibited and to send them your DL back, but you didn't understand them and you had a "bad misunderstanding"...so you just went on a holiday & kept your DL anyway ? ...Why didn't you contact them at the address/phone number on the paperwork & ask them to explain it to you if you didn't understand it? It came as a regsitered letter...that alone should have twigged you that this MAY be something you MIGHT want to look at?
In answer to the last part of your first question...it was to be served on you because you did not comply with the earlier registered letter they sent you. You didn't have to be driving at the time. I have stopped vehicles and served passengers in the car with the suspension papers...at that point it has nothing to do with you driving a car or not...and everything to do with starting your prohibition.
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05-19-2009, 12:22 PM
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#13 | NOOB, Not Quite a Regular!
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Originally Posted by zulutango So if you get a letter from the Supt. M. Vehs. that says you are going to be prohibited and to send them your DL back, but you didn't understand them and you had a "bad misunderstanding"...so you just went on a holiday & kept your DL anyway ? ...Why didn't you contact them at the address/phone number on the paperwork & ask them to explain it to you if you didn't understand it? It came as a regsitered letter...that alone should have twigged you that this MAY be something you MIGHT want to look at? | That happened 2 years ago and I also did not surrender my DL and i still managed to acquire a new DL upon 3 months of the given notice upon returning from vacation. That is why I did the same thing this year except no vacation and only this time it didnt quite go right ... That is why im confused on when the start date begins.
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05-19-2009, 12:49 PM
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#14 | RS Peace Officer
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Is this the 2nd time you got prohibited and did not follow the instructions on the regsitred letter you got? The instructions are written down for you. Ples re-read the letter. You are prohibited starting when they get the paperwpork back from you. Until they get that the 3 months do not start. They also order you to send your DL to them. I'm still having problems understanding why you did not contact the MVB if you had questions. I don't know how you got away with it the first time? The dates you need to worry about now are the ones on the notice of prohibition served on you by the Cop. I'll say this one last time....IF YOU HAVE ANY QUESTIONS ON THIS WHOLE PROCESS, PLEASE CONTACT THE MVB BEFORE YOU GET INTO ANY MORE TROUBLE.
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05-19-2009, 01:05 PM
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#15 | Banned By Establishment
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if you signed the paper and submitted it without your license, they assume you lost your license and your prohibition begins on the date it was signed. if you get caught by a cop with your license on you, your prohibition will then be reset to the exact date the officer consfiscated your license, despite the fact that you signed the notice & handed it in 3 months ago or w/e
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05-19-2009, 01:22 PM
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#16 | NOOB, Not Quite a Regular!
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is that fact?
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05-28-2009, 01:53 AM
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#17 | What hasn't Killed me, has made me more tolerant of RS!
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just go to icbc and get it sorted out. I realized 15 months into my 18 month suspension that my suspension was not official yet because i didnt sign the paper and hand in my licnese. Thank god i was able to continue my suspension from where i left off and not restart it
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