REVscene - Vancouver Automotive Forum

Roach · 06-29-2009, 10:10 PM

Trying to help out a girlfriend of mine with her appeal letter. However, the circumstances of her case have me a litle puzzled...

- She's had her N since 2004.
- One ticket in 2006.
- One ticket in Apr 2009.

Both were minimum speeding tickets - $138.

She's been sent an intent to prohibit letter with a 2 month suspension threatened.

What gives? Is it me or does this seem really aggressive. Even for an N driver.

Anyways, she's booked her Class 5 for 2 weeks away. Unfortunately, I think the date of her test is beyond her prohibition point. Would her license be taken away at the DMV? Her line of thinking is to try and pass her class 5 and send a copy of the license as well as an apologetic letter as her appeal.

I'm all for telling someone to suck it up if they are a bad driver. But this isn't 2 tickets in 3 months like most of the cases I've come across in a search on this forum.

I'd appreciate any insight provided as to how she should approach this situation.

Thanks,

Kev

SumAznGuy · 06-29-2009, 10:26 PM

I'd say she should have disputed her tickets.

But that being said, why not take the 2 month suspension and then go for her class 5 test. Or is that not an option?

Roach · 06-29-2009, 10:34 PM

Because if she accepts the 2 month suspension, her eligibility to conduct her class 5 license would be pushed back by 2 years I believe.

Kev

SumAznGuy · 06-29-2009, 10:41 PM

Quote:

Originally Posted by Roach

Because if she accepts the 2 month suspension, her eligibility to conduct her class 5 license would be pushed back by 2 years I believe.

Kev

Did not know that. That sucks.
According to the ICBC website, you are right.
The only thing that I can think of is for her to write a letter and ask for leniency.

Good luck with it all.

Roach · 06-29-2009, 10:50 PM

Thanks Ed. I'm thinking that's the route to go as well. Two tickets in five years, although not acceptable, is certainly not aggregious enough to justify a two month suspension IMO.

My friend, in fact, was a little upset and offended that the letter started out along the lines of...

"In the interest of public safety..."

The government sure knows how to lay down the law with those evil speeders.

Kev

sho_bc · 06-29-2009, 10:56 PM

If her licence is suspended, she will be required to surrender her licence. She won't be able to take her road test if her DL is suspsended.

If she has her road test booked for 2 weeks from now and she is to be prohibited before then, should the letter have not been written and submitted much earlier than now?

CRS · 06-30-2009, 08:02 AM

I could be wrong about this but I think that if you have your class 7N license, you're only allowed to have something like 4 or 5 points. If at anytime you exceed that amount, you're going to get prohibited even if the tickets are far apart. Like say for example, 2 speeding tickets = 6 points. As a result, you get prohibited.

xpl0sive · 06-30-2009, 08:07 AM

did she get a probation letter after the first ticket? with your N, you have a limit of 4 points, a speeding ticket is 3 points... so after the first one, they put you on probation... if she had her N since 2004, why is she just going to take her class 5 now? i think she should just go in and take the test, if she passes, then if she does end up losing her license, at least she wont have to restart her N... I'd say get her to call the number on the letter and talk to them...

zulutango · 06-30-2009, 09:53 AM

"She's been sent an intent to prohibit letter with a 2 month suspension threatened" She had better follow what the letter said. If it tells her she is prohibited and to sign the paperwork & send it back immediately, or by a certain date, then she MUST. If she drives past the date she is prohibited, she is in a whole heap of trouble. Not a good choice.

Roach · 06-30-2009, 11:02 AM

Quote:

Originally Posted by CRS

I could be wrong about this but I think that if you have your class 7N license, you're only allowed to have something like 4 or 5 points. If at anytime you exceed that amount, you're going to get prohibited even if the tickets are far apart. Like say for example, 2 speeding tickets = 6 points. As a result, you get prohibited.

You're most likely correct. And hence why it doesn't take into account the 5 year driving record.

Kev

Roach · 06-30-2009, 11:04 AM

Quote:

Originally Posted by zulutango

"She's been sent an intent to prohibit letter with a 2 month suspension threatened" She had better follow what the letter said. If it tells her she is prohibited and to sign the paperwork & send it back immediately, or by a certain date, then she MUST. If she drives past the date she is prohibited, she is in a whole heap of trouble. Not a good choice.

She will be sending a letter of appeal this week.

In speaking with the DMV, she was advised that she is entitled to drive until a decision comes from the Minister of Public Safety regarding her appeal.

Kev

wnderinguy · 06-30-2009, 12:02 PM

Quote:

Originally Posted by Roach

She will be sending a letter of appeal this week.

In speaking with the DMV, she was advised that she is entitled to drive until a decision comes from the Minister of Public Safety regarding her appeal.

Kev

Get something in writing and signed .

Roach · 06-30-2009, 12:13 PM

Quote:

Originally Posted by wnderinguy

Get something in writing and signed .

You're absolutely right. I will advise her to do that.

Kev

skidmark · 06-30-2009, 12:36 PM

Quote:

Originally Posted by Roach

What gives? Is it me or does this seem really aggressive. Even for an N driver.

I'd love to see this happen to a few "adults" out there.

Roach · 06-30-2009, 03:52 PM

Quote:

Originally Posted by skidmark

I'd love to see this happen to a few "adults" out there.

I agree. What I find odd is that there is an intention to prohibit a driver who has had two tickets in five years due to their license classification. Yet, I've read of other situations where far more aggressive class 5 drivers get a "we're watching you" letter from the superintendent.

Infractions are infractions and the threat to public safety should be treated the same regardless of what class of license a driver holds.

As for my friend's situation, I'll update the outcome for those interested.

Kev

skidmark · 06-30-2009, 04:30 PM

Quote:

Originally Posted by Roach

Infractions are infractions and the threat to public safety should be treated the same regardless of what class of license a driver holds.

Well said sir!

zulutango · 07-01-2009, 05:54 AM

Tell her to read the letter VERY CAREFULLY. I believe that it says she WILL be prohibited starting at the date listed, UNLESS she is successful in an appeal. That is NOT the same as saying that she can continue driving until she hears back on her appeal. The prohibition/suspension starts on that date. It may be lifted some time after that IF she is successful in the appeal. Better to get the facts in writing than to get towed, impounded and charged for driving while prohibited because she sent a letter off and continued driving.

HavoK041 · 07-21-2009, 02:22 PM

Quote:

Originally Posted by Roach

- She's had her N since 2004.
- One ticket in 2006.
- One ticket in Apr 2009.

FIVE years with an N?

She's not 16 anymore!

If she had her Class 5 after 2 years or whatever you have to wait these days then none of this would be an issue.

saucywoman · 07-23-2009, 11:02 AM

Quote:

Originally Posted by HavoK041

FIVE years with an N?

She's not 16 anymore!

If she had her Class 5 after 2 years or whatever you have to wait these days then none of this would be an issue.

hey not everyone gets their class 5 right away.

I didn't go for my L until I was 19 and then went the full 5 years with my N before going and getting my class 5. Some people don't want to pay the $125 it costs, or maybe they drive a standard and don't have access to an automatic to take the test in and don't want to test in a standard.