Okay..another reason for officers to handle Novice drivers with more "completion of evidence".
A novice driver gets a 24 hour without a roadside test.
A novice driver gets a notice to suspend their license for 4 months.
A novice driver wants and arranges to get their day in court- AN IMPORTANT RIGHT
The Superintendent suspends the license before it goes to court
It will take two months to get to the Supreme Court of BC
The novice driver is without a license for two months, until court date.
Court date arrives..and...the novice driver "wins" his case.
Novice driver gets his license back.
How the hell is the Superintendent going to compensate the novice driver for the 2 months that he was "WRONGFULLY" without his license.....guilty until proven innocent!??? The answer? The OSMV won't........and doesn't have too.
What is wrong with that picture? The OSMV has everyone by the short hairs if this is the way they can operate. What gives with not getting "our day in court" (if that be the plan) before "sentence" is handed out? We should all be a little worried as to the "lawful entity" the OSMV has become. And it's not just with the drinking and driving........NO ONE can dispute ANYTHING the OSMV decides unless it goes to the Supreme Court of BC. The OSMV does not need to look at relevant information regarding a certain case supplied by the defendant. In the case of the 24 hour prohibition.....if the OSMV is satisfied you had an opportunity to ask for a roadside test, and you didn't (even if you DIDN'T know you could)....well......tough titties! No other relavant information supplied by YOU needs to be looked at. What if YOU lost your license for 2 months and after court....discovered (what you knew already) that you were innocent, getting your license back?
If only the officer had demanded a roadside test with this novice driver......proven the fact.....there wouldn't even have been a court case. It would have been all in "black and white".
Remember, all of us that are "regular" drivers...this is not a big deal....really....getting a 24 hour prohibition. It just means you can't drive for 24 hours. If you get another one, well, you haven't learned your lesson and you deserve what you get.
Novice drivers need to be handled differently.....dang....I keep coming back to section 90.3!
