REVscene Automotive Forum - View Single Post - 24 Hour Prohibition & Driving W/O Consideration

Simnut · 08-06-2011, 12:08 PM

Surprise...surprise....surprise........ The Office of the Superintendent of Motor Vehicles has changed their website!! Take a look:

Impaired Driving - The Various Prohibitions and Suspensions - Driver Behaviour and Road Safety - Office of the Superintendent of Motor Vehicles - British Columbia

Their tune is changing!!!! Notice what it says under the 12 hour suspension heading? A direct copy and paste:

If you are licensed under the GLP (Learner or Novice) and are stopped by police while having the care and operation of a vehicle and police suspect you have any level of alcohol in your body (they may or may not request a breath sample into an approved screening device) – you will receive an immediate 12-hour driving suspension for alcohol impairment. Police will take your driver’s licence and you may not drive until the suspension period is over and you have retrieved your licence from the police station.

Here they are saying that a police officer MUST begin with a section 90.3 if they suspect a novice driver to be drinking and driving......as I have been saying all along! They still have an error where they say (they may or may not request a breath sample into an approved screening device) as section 90.3 REQUIRES a breath sample taken, in order to be issue a 12 hour suspension according to Section 90.3(3):

(3) If

(a) a driver, without a reasonable excuse, fails or refuses to comply with a demand made under subsection (2) (b), or

(b) the peace officer, pursuant to an analysis of the breath of the driver under subsection (2) (b), has reasonable and probable grounds to believe that the driver has alcohol in his or her body,

Then, under the 12 hour roadside suspensions (other consequences) heading:

Blood alcohol content between 0.05 and 0.08 – if you register a blood alcohol content in this range or are impaired by drugs, you will face the regular consequences fully-licensed drivers face. See Driving While Impaired page on this website.

Again, this is what I've been saying all along!!! If the novice driver registers between .05 and .08 , nail them with a 24 hour prohibition!!!! But this happens ONLY after a breath sample is taken!!! My point....exactly!

The OSMV is now agreeing, according to their website, with my thinking regarding suspected drinking and driving and novice drivers. This webpage states that an officer must begin with section 90.3 in their investigation of a novice driver....then CONTINUE on with "regular consequences that fully-licensed drivers face." A novice driver cannot get a 12 hour suspension or a 24 hour prohibition without a DEMANDED breath sample.

Giving a novice driver a 24 hour prohibition WITHOUT a demanded breath sample is/was incorrect application of section 215 of the MVA.....or improper procedures.

Now...some of you may think that this is coincidental....but I believe that my "campaign" had a bit or a lot to do with this. Even if I didn't have anything to do with this....this change is for the good...the way it is supposed to be.

08-06-2011, 12:08 PM	#65
Simnut ...on a mission.... Join Date: Jun 2011 Location: n Posts: 281 Thanked 60 Times in 30 Posts Failed 15 Times in 14 Posts	Surprise...surprise....surprise........ The Office of the Superintendent of Motor Vehicles has changed their website!! Take a look: Impaired Driving - The Various Prohibitions and Suspensions - Driver Behaviour and Road Safety - Office of the Superintendent of Motor Vehicles - British Columbia Their tune is changing!!!! Notice what it says under the 12 hour suspension heading? A direct copy and paste: If you are licensed under the GLP (Learner or Novice) and are stopped by police while having the care and operation of a vehicle and police suspect you have any level of alcohol in your body (they may or may not request a breath sample into an approved screening device) – you will receive an immediate 12-hour driving suspension for alcohol impairment. Police will take your driver’s licence and you may not drive until the suspension period is over and you have retrieved your licence from the police station. Here they are saying that a police officer MUST begin with a section 90.3 if they suspect a novice driver to be drinking and driving......as I have been saying all along! They still have an error where they say *(they may or may not request a breath sample into an approved screening device)* as section 90.3 REQUIRES a breath sample taken, in order to be issue a 12 hour suspension according to Section 90.3(3): (3) If (a) a driver, without a reasonable excuse, fails or refuses to comply with a demand made under subsection (2) (b), or (b) the peace officer, pursuant to an analysis of the breath of the driver under subsection (2) (b), has reasonable and probable grounds to believe that the driver has alcohol in his or her body, Then, under the 12 hour roadside suspensions (other consequences) heading: Blood alcohol content between 0.05 and 0.08 – if you register a blood alcohol content in this range or are impaired by drugs, you will face the regular consequences fully-licensed drivers face. See Driving While Impaired page on this website. Again, this is what I've been saying all along!!! If the novice driver registers between .05 and .08 , nail them with a 24 hour prohibition!!!! But this happens ONLY after a breath sample is taken!!! My point....exactly! The OSMV is now agreeing, according to their website, with my thinking regarding suspected drinking and driving and novice drivers. This webpage states that an officer must begin with section 90.3 in their investigation of a novice driver....then CONTINUE on with "regular consequences that fully-licensed drivers face." A novice driver cannot get a 12 hour suspension or a 24 hour prohibition without a DEMANDED breath sample. *Giving a novice driver a 24 hour prohibition WITHOUT a demanded breath sample is/was incorrect application of section 215 of the MVA.....or improper procedures.* Now...some of you may think that this is coincidental....but I believe that my "campaign" had a bit or a lot to do with this. Even if I didn't have anything to do with this....this change is for the good...the way it is supposed to be. Last edited by Simnut; 08-06-2011 at 12:40 PM.