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Difference between revisions of "Impaired Driving"
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<p>This prohibition goes on your driving record. You cannot appeal the impoundment. But you can ask for a review to have the driving prohibition removed from your driving record in 2 cases: if the police failed to do a breath test when you asked or you were not the driver or did not have care or control of the vehicle. You have 7 days from the prohibition to apply for the review. The Superintendent cannot review a 24-hour prohibition for drug impairment. The only possible review of that is by a petition to BC Supreme Court.</p> | <p>This prohibition goes on your driving record. You cannot appeal the impoundment. But you can ask for a review to have the driving prohibition removed from your driving record in 2 cases: if the police failed to do a breath test when you asked or you were not the driver or did not have care or control of the vehicle. You have 7 days from the prohibition to apply for the review. The Superintendent cannot review a 24-hour prohibition for drug impairment. The only possible review of that is by a petition to BC Supreme Court.</p> | ||
<p><strong>24-hour driving prohibition is not a criminal conviction</strong>—it does not give you a criminal record. But you could be charged with a criminal offence from the same police investigation. A 24-hour prohibition goes on your driving record, as do tickets, other driving prohibitions, and other driving offences. ICBC keeps a record of your entire driving history. But it issues only a 5-year driving record. You can get a copy of it, called a [http://www.icbc.com/driver-licensing/getting-licensed/pages/your-driving-record.aspx | <p><strong>24-hour driving prohibition is not a criminal conviction</strong>—it does not give you a criminal record. But you could be charged with a criminal offence from the same police investigation. A 24-hour prohibition goes on your driving record, as do tickets, other driving prohibitions, and other driving offences. ICBC keeps a record of your entire driving history. But it issues only a 5-year driving record. You can get a copy of it, called a [http://www.icbc.com/driver-licensing/getting-licensed/pages/your-driving-record.aspx driver's abstract], from ICBC.</p> | ||
<p>If you are charged with a criminal driving offence, or a serious offence under the <em>Motor Vehicle Act</em>, ICBC will give your entire driving history to the police or prosecutor. And <em>Criminal Code</em> convictions remain on your driving record even if you get a pardon.</p> | <p>If you are charged with a criminal driving offence, or a serious offence under the <em>Motor Vehicle Act</em>, ICBC will give your entire driving history to the police or prosecutor. And <em>Criminal Code</em> convictions remain on your driving record even if you get a pardon.</p> | ||
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<p>The police and prosecution must follow demanding procedures. Police officers have extensive training in doing drinking and driving investigations. If they do not follow the procedure correctly or if they violate your rights, you may be not guilty.</p> | <p>The police and prosecution must follow demanding procedures. Police officers have extensive training in doing drinking and driving investigations. If they do not follow the procedure correctly or if they violate your rights, you may be not guilty.</p> | ||
<p>All driving prohibitions in BC are 24-hours-a-day until they expire. You cannot get a driver’s license only for work. You cannot get a license that will let you drive for any purpose if you are prohibited from driving due to a drinking and driving offence. The ignition interlock requirement after the prohibition ends restricts you from driving any vehicle that doesn’t have a functioning interlock installed. | <p>All driving prohibitions in BC are 24-hours-a-day until they expire. You cannot get a driver’s license only for work. You cannot get a license that will let you drive for any purpose if you are prohibited from driving due to a drinking and driving offence. The ignition interlock requirement after the prohibition ends restricts you from driving any vehicle that doesn’t have a functioning interlock installed.</p> | ||
<p>You should use your right to contact a lawyer and get legal advice right away if you have a drinking and driving case. Legal advice is crucial in these cases.</p> | <p>You should use your right to contact a lawyer and get legal advice right away if you have a drinking and driving case. Legal advice is crucial in these cases.</p> | ||
