Might have lost my driver's license for good

[Drache]

Well yesterday I went in to renew my driver's license since it expires in 4 days on my birthday. Everything seemed to going fine until the lasy behind the desk told me that there is a hold on my license. She didn't know what it was for and called down to the head office in Victoria to find out.

Well 3 years ago I got a trumped up charge for impaired driving because I was driving my car downtown at the same time the bars closed. The cop gave me a 24 hour roadside suspension on the spot without even checking to see if I was intoxicated. Well I would have loved to fight that charge but at the time it was 3am and the only way to fight the charge was get a bloodtest... hospital was closed. Anyways I spent the night downtown.

Fast forward back to yesterday and that was the reason my license was on hold and couldn't be renewed. Seems that the Superintendant decided that he wanted to send me a probationary letter to "calm me down". Seems this DUI and a speeding ticket made me "crazy". Anyways they mailed off the letter to the wrong address and since I never knew they were mailing anything... so since I didn't respond to the letter they thought that I didn't care. So the lady behind the desk told me that normally they just forget something this old as well as since my record was clean since that day. No luck, the Superintendent wanted to make an example out of me now.

So now I gave them the right address for my home in Likely and I have to wait 2 weeks for a new letter but this one was worse. Since I "ran" from the last letter for so long, I was told that this letter could mean that I could lose my license. If I don't lose my license at all, I could still get a PROHIB to drive for up to 3 years! Needless to say I was told by the lady behind the desk to write up a letter of appeal saying that it was 3 years ago, my record has been clean since then, never recieved a letter etc and mail it off to Victoria.

I personally think this is complete bullshit! 

[Shakey]

Sounds like a pretty fishy story to me.

[Drache]

Shakey that is a very true story. Once I get the letter I will have it scanned to prove it if needbe!  The reason that I'm being handled so hard was at the time I was under an "N" or New Driver License which states that I cannot have any alcohol in my system!

[69CoronetRT]

Built your appeal case on the facts...not emotion.

1) Willingly submitted to the officer in the first place, good citizen, no history of violations before the first incident (were there?) no probable cause (was there?).... blah blah blah
2) No documented proof you were under the influence on the original charge.
3) Your rational reason for not disputing the first charge
4) Compare their address to your address at the time of the mailing
5) No proof on their part you recieved the mailing therefore you couldn't respond
6) No violations since then

The 'system' does have glitches at times. I faced a similar, but not so serious, situation once. If you lay out the facts insted of ranting and raving at the appeal officer, your chances are pretty good you can prevail.

[Troy]

It took me a long time to learn this but... no matter what the offense, how insignificant it seems, how old you are, how good of a citizen you are, or how much money you have - call a lawyer (or know the system so well you can recite every possibility). Many will at least give you a free consultation to determine if you need to hire them. I am not familiar with driving laws in Canada but I assure you that it's easier to handle driving infractions *before* they get on your record than after. I cannot stress this enough - especially when it comes to alcohol related offenses. The other option is to be proactive and bug the heck out of the license bureau and/or court to make sure things are being handled properly and that you are aware of any charges/fines. Around here (maybe everywhere?) failure to respond is generally taken as an admission of guilt so make sure your address is correct! Unfortunately, younger people tend to blow this stuff off like it's not a big deal because they really don't know what kind of serious problems can arise. I have many, many stories along these lines and most of the undesirable results could have been avoided with just a little diligence and/or a better knowledge of the law. Do not take this lightly! Get a lawyer and have them file the paperwork and appear in court.

Troy

[Drache]

Thanks for the info Troy. I'm not sure if I CAN take this to court though. It's not being handled by the police... all they cared about was the 24 hour suspension. This is all being handled by the superintendent of motor vehicles.

As for 69CoronetRT, I plan on writing a very civilized and very formal letter laying out all the facts. The only violation before this DUI was a simple speeding ticket. The address problem was a government problem or maybe a mailing problem. I had mailed in the forms for a change of license but it seems they never got them which was a big mistake on my part for not double checking.

They mailed out notice of the probation but since I was not at the address to sign for the parcel nor did I reply to it is why this is all happening.

I'm not playing the blame on anyone as it was my fault and I should have known better but it still certainly sucks! 

[Vainglory, Esq.]

It took me a long time to learn this but... no matter what the offense, how insignificant it seems, how old you are, how good of a citizen you are, or how much money you have - call a lawyer

That's music to a lawyers ears.


Drache, lawyers work with police all the time.  They work with bureaucrats all the time.  They've probably seen this before.  I'd follow Troy's advice if I were you...

[Troy]

Believe me, lawyers are near the top of my list of people/things I despise. However... the service they provide (at times) and the hassles they can save are well worth it. Even if you're not going to court Drache I'd still ask a lawyer about filing the paperwork or helping to appeal the whole thing. I wish I had known what I know now about the "system" and how to protect myself. Sometimes filling out paperwork in the wrong order (or forgetting one form) can wreck you life for long periods of time.

Troy

[Heck2G14]

Hmmmm... Hospitals closed? Blood test would have been payed by state if they returned under legal limit. Sounds odd. What state?

[Troy]

Hmmmm... Hospitals closed? Blood test would have been payed by state if they returned under legal limit. Sounds odd. What state?

That would be "Canada".

Troy

[70 Battle Horse]

Believe me, lawyers are near the top of my list of people/things I despise. However... the service they provide (at times) and the hassles they can save are well worth it. Even if you're not going to court Drache I'd still ask a lawyer about filing the paperwork or helping to appeal the whole thing. I wish I had known what I know now about the "system" and how to protect myself. Sometimes filling out paperwork in the wrong order (or forgetting one form) can wreck you life for long periods of time.

Troy

It is not all lawyers that you despise......It is the ambulance chasers. Am I correct?

[Shakey]

Shakey that is a very true story. Once I get the letter I will have it scanned to prove it if needbe!  The reason that I'm being handled so hard was at the time I was under an "N" or New Driver License which states that I cannot have any alcohol in my system!

So then it wasn't really a trumped up charge if you were classified as a new driver and not supposed to have any alcohol in your system and the officer detected alcohol.   

Don't the officers have breathalizers with them?  Maybe he was giving you a break and you didn't realize it?

They sent the letter to the wrong address - who gave them the wrong address?  Did you not update your information when you moved?

Government offices don't pardon or forgive something because it is old.  C'mon, where are you getting your information from?

Tell us the whole story now.   

I'd sympathize with you if I truly felt your were getting screwed but...

[dkn1997]

Believe me, lawyers are near the top of my list of people/things I despise. However... t

Two men are sitting in a booth at a diner.  One says to the other "All Lawyers are assholes."  A patron in the next booth shouts "Hey, I resent that kind of comment!"  So the first guys asks him "Why, are you a Lawyer?"  the patron responds, "No, I am an asshole!"

[Drache]

So then it wasn't really a trumped up charge if you were classified as a new driver and not supposed to have any alcohol in your system and the officer detected alcohol.   

Don't the officers have breathalizers with them?  Maybe he was giving you a break and you didn't realize it?

They sent the letter to the wrong address - who gave them the wrong address?  Did you not update your information when you moved?

Government offices don't pardon or forgive something because it is old.  C'mon, where are you getting your information from?

Tell us the whole story now.   

I'd sympathize with you if I truly felt your were getting screwed but...

RCMP do not carry breathalizers with them at all. There is a giant machine the size of a 1980's MAC computer at the station but they will only use that if you are being charged with something. All I received was a 24 suspenion nothing more. I was not intoxicated at the time and if I wanted to fight it all I needed to get was a blood test, but like I said I couldn't get a blood test at 3am. I was told just to eat the 24 suspension by my dad and the RCMP told me it wouldn't be going on my record anyways.

As for the address I had filled out the paperwork for a transfer of address and yes it was MY fault for not double checking to make sure they had the right address. I'm not getting screwed over by anyone Shakey, I'm in this because of mistakes I made in not double checking my address.

As for the Government offices forgiving... in these terms they normally do SINCE all I was supposed to get in the mail from them originally was a letter stating I was on a 6 month probation... a probation that was over 2 1/2 months ago. This information was given to me by the lady at the government office.

So yeah the address part WAS my fault, I'm not denying that and I have an appointment with a lawyer on Tuesday so I can see what she says!

[Silver R/T]

good luck to you.

[Dodge Don]

Hmmmm... Hospitals closed? Blood test would have been payed by state if they returned under legal limit. Sounds odd. What state?

That would be "Canada".

Troy

Steady 

[Drache]

I had posted this mainly as a "holy shit" and a "beware" sort of thread! Like Troy said you need to stay on top of things and learn from those that have already gone through this crap lol! I'm keeping my head up, no need to worry for the next two weeks.

[Old Moparz]

Sorry to hear that you might lose your license over an odd rule in the DMV system, there are a lot worse people out on the road. But look at the bright side, you'll still have decent health coverage.

[69-DodgeCharger]

That is a bunch of bullshit! I would be so heated

[Troy]

Hmmmm... Hospitals closed? Blood test would have been payed by state if they returned under legal limit. Sounds odd. What state?

That would be "Canada".

Troy

Steady 

Ha! I didn't actually mean it like I think you read it but that would have been a good one! 

Sorry to hear that you might lose your license over an odd rule in the DMV system, there are a lot worse people out on the road. But look at the bright side, you'll still have decent health coverage.

Forgive me for asking a stupid question and this is not meant to stir up trouble... but if the health coverage is so great why isn't the hospital open at 3 AM? Are there emergency centers or something? We have places called "Urgent Care" around here that provide emergency outpatient service so you don't have to go to the hospital but they are closed at night - hospitals are 24 hours. Is it the opposite there? I may actually make it to MoparFest again this year and this could be something good to know (I hope not though!).

Drache: I just have to ask - has your license been suspended all this time? Here in Ohio it would have been and they'd have nailed you for driving under suspension as well when you tried to renew it. Our laws are all messed up though which is why I recommended talking to a lawyer first. It is very easy for the license bureau to make a semi-permanent mistake because half the employees don't know the proper procedures (which is why I was scared when you said the woman behind the counter was giving you advice). That's no fault of their own - just screwed up laws. We don't have 24 hour suspensions for anything.

Troy

[Ghoste]

I think he must be up in the bush or something (not meant as an insult Drache btw).  There are several hospitals near to where Moparfest is held and trust me, they are open 24 hours a day all year long.  ( I tested the theory a few times when I lived in nearby Kitchener/Waterloo a long time ago during my rock star phase  )

[Drache]

Troy: My license wasn't suspended, it was "under probation" for 6 months and it just had a "hold" on it so I couldn't renew it. As for the hospitals, we have ER service 24/7 but it has to be an emergency. Getting blood drawn to prove my innocence on a DUI doesn't count as a valid reason.

[Troy]

Ok, thanks for the info.

Hope it works out for you Drache. It's a pain but that happens sometimes.

Troy

[CharlieCharger]

D.W.I Laws are sketchy out in Texas..Alot of assholes who didn't calibrate there machines, or are not qualified to use them..as far as the hospital thing not open..the nurse at the jail would be able to take your blood..If you refuse to give a BAC (breath test) They will take your blood regardless at the jail..which is why most people do that because it buys them time to dump the alcohol in their blood shadow boxing in the jail cell  YOU CAN GET A D.W.I on the some one else's words here..YOU DO NOT HAVE TO BE PULLED OVER..But just being in an area known for bar patrons and getting pulled over sounds either B/S or the cop was a rookie looking for collars...I suppose its not this far out to happen..crappier things have happend

[charger490]

drache
if all else fails take all of your paper work to a senator  or repersentive of your state and talk to them. they like to shake up the people in moter veciles dept . just my 2 cents don charger490