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Questions & info about the Motor Vehicle Act. Mature discussion only. | |
10-12-2017, 01:58 PM
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#1 | RS Lurker, I don't post!
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| Notice of Intent to Prohibit (2 Months for Regular Speeding)
Hello everyone,
So i'm in a fickle situation. I've received a letter of intent to prohibit.
It's for a duration of 2 months, for regular speeding 10-15km over the speed limit in/out municipality. (Was going 70-75km/hr in a 50)
To further explain, I was going uphill Boundary Rd from Marine Dr and was on the far right 3 lanes. There was a sign up ahead that the lane was going to merge, and there was an 18-wheeler in the middle lane going quite slow at about 50-55km/hr. I was sandwiched between 2 cars, the one in-front was leading the speed to merge, and the car behind following.
I paid the ticket and a couple months later received my letter, not realizing that I probably had better chances of removing the penalty points by disputing the ticket rather than paying. However, understanding that I was in fault and did speed, chose not to dispute.
I understand that driving is a privilege, and that any excuse would be an excuse of luxury (such as, needing my license for work/household responsibilities) But what case could I optimally present in my submission for review?
I am wondering if it is worth it to dispute this by submitting an appeal for review, which would cost $100, to try and get the points lifted and the prohibition shortened to 1 month.
If anyone may also answer my additional question:
Will I have to take the N test again after the prohibition is over?
I understand that to re-acquire your license there is also a fee of close to $250.
Thank you, |
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10-14-2017, 07:08 AM
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#2 | RS Peace Officer
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ICBC has zero tolerance for N's who get tickets so you got prohibited. You had a chance to dispute it in court but you chose not to. You will need to pay reinstatement fees to get your licence back. You will begin back at the start of your 2 year "N" restrictions. They won't make you do the test again. Usually 1 ticket gets you a 30 day suspension. Did you have other tickets as well?
As far as spending the $100 to attempt to get the 60? day period shortened....what can you tell them that would make them reverse your decision to speed & plead guilty? Is it worth $100 to try? That is the question? From what you have told us, you broke the law and there were no life or death reasons for doing it. Why should they give you a break? The people you are appealing to, do this for a living and they have heard just about every excuse in the book-and some! It would have to be something exceptional. Do you have that?
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10-17-2017, 02:25 AM
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#3 | Throw yo paws in da air!
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fees alone youre going to pay about 400 something if i remember correctly...250$ to reinstate and something else ( i forget what it was called, i just remember paying more than just 250$ lol) you will also have to restart your N probation, even if you could have gone for your class 5 in the next few months. Ouch
Also, you got to understand what case do you really have to dispute? What you gave as examples to use (car to get to work, and household responsibilities) are things that i think the judge would tell you can be done by transit.. maybe if you needed your license FOR work, instead of just getting TO work i can see something working out for you. Good luck with whatever you decide to do !
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10-17-2017, 02:57 AM
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#4 | RS Lurker, I don't post!
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Here is what i've written for my letter. I am hoping that they are able to take it easy on someone who has made a mistake and learned from it as well as who is sincere of the matter.
"Dear Superintendent of Motor Vehicles McLeod,
I am very thankful to have your attention to my situation and am writing to you in admittance of my mistake and to ask of your forgiveness.
Driving on my way to work there had been an 18-wheeler in the center lane as I was heading up Boundary Road from Marine Drive. A short distance from the green light had been a sign to merge lanes. Myself, being positioned on the outside lane to the right and seeing the 18-wheeler crawling up the climb; ideally I had thought so as to not bottleneck the flow of traffic that I should follow the car ahead of me. In order to pass the long and slow moving vehicle, more speed than the traffic law permits was used.
I understand now that I was in the wrong, as you should not attempt to pass from the right-hand side, all the more, speed pass the limit. Albeit, I was sandwiched in between a car both in front and behind me matching my speed, I was the only one given a ticket and the others were let free to my incomprehension.
Perhaps, I had made a more grave mistake in not disputing this case in which I felt my voice needed to be heard. I have held a great driving record since progressing from my Learner’s with this being my first offence as a Class 7-N driver. With your grace, it would be of honour to continue to drive with extra safety in regards to the public, and to maintain a clean driving record from this day forward.
I am heavily dependent on my privilege to operate a vehicle, especially during this season of the year where it gets busy within the company and where I am required to bounce quickly between locations in times of need as a full-time Loss Prevention agent. Additionally, I have responsibilities to carpool family to and from work and to help out with household duties. I also had planned on picking up a 2nd job as a server in the food industry to provide for my family. On the side as a hobby, I work creatively as a photographer and require transporting equipment and personnel long distances.
This prohibition will greatly hinder my ability to uphold my responsibilities.
Please, I ask for your forgiveness to help remit the penalty points I've received. I have paid the fine, I understand my fault in this matter, and have already taken it upon myself to drive with excellence so as to abide by traffic laws with no excuse to circumstance.
Sincerely,
Yours"
I'm sure I could also provide a statement of re-assurance that i'm required to be able to operate a vehicle and how it would be a burden from my managers in support of my case.
Last edited by christxpher; 10-17-2017 at 03:05 AM.
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10-17-2017, 07:43 AM
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#5 | I contribute to threads in the offtopic forum
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Well written.
When I was 17/18/19, I made a few poor choices and lost my license as well, each time was 2 months. Rather then pay and play the waiting game, I just handed my license in as soon as I could.
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10-17-2017, 09:15 PM
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#6 | I contribute to threads in the offtopic forum
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i dunno if things have changed since i did this many years ago, but when i got my intent to prohibit i was already eligible for my class 5 and i took my class 5 before my suspension took effect. so i at least got my class 5 when my license was renewed
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10-17-2017, 09:24 PM
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#7 | RS Lurker, I don't post!
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Originally Posted by cdizzle_996 Well written.
When I was 17/18/19, I made a few poor choices and lost my license as well, each time was 2 months. Rather then pay and play the waiting game, I just handed my license in as soon as I could. | Thank you! I would do the same, however I feel I can successfully dispute this, as it's a first time offence on my N.
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10-17-2017, 10:33 PM
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#8 | To me, there is the Internet and there is RS
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Originally Posted by christxpher It's for a duration of 2 months, for regular speeding 10-15km over the speed limit in/out municipality. (Was going 70-75km/hr in a 50) | That's 20-25 over, not 10-15.
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10-17-2017, 10:52 PM
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#9 | RS Lurker, I don't post!
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Originally Posted by underscore That's 20-25 over, not 10-15. | Thank you for the correction. Yes. I believe the 18-wheeler was going 55-60 but it seemed slow. I made the mistake and chose to follow through with the other cars on the right hand side.
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10-18-2017, 02:42 AM
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#10 | Everyone wants a piece of R S...
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When I got one i stalled it until I could take my test. A coworker had his supervisor write a note explaining how he needed to drive for work and was able to keep his license(think he had 6 points).
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10-18-2017, 06:24 AM
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#11 | OMGWTFBBQ is a common word I say everyday
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Since you're a new driver you probably don't understand (hell most people driving don't). Please be fucking careful around tractor trailers. If they're empty or lightly loaded that thing will out stop most cars on the road. But a worn out fully loaded rig is not going to stop nearly as quick as a normal car. It's going to plow right through anything in it's path.
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10-18-2017, 06:49 AM
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#12 | RS Peace Officer
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Reading between the lines in your statement..."first since progressing from a learners"...this is suggesting to me that you had previous ticket(s) as a learner? It is unusual to prohibit someone for 60 days for a basic speeding ticket, without some sort of compounding circumstances being involved. If this IS your second ticket while restricted in the GLP, I can't see them finding that as a reason to reduce the prohibition by 50%.
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