Q&A - 5 Tickets in 1 Stop
Q: I was served 2 violation tickets. I’d like an inquiry about what I’d be looking forward to in court. I was served one count of excessive speed MVA 148(1), prohibited use of HOV, and fail to display ‘N’ sign. Also gave me a charge of operating MV with Cannabis in vehicle. Prior to that I was an N class driver with 30 months clean driving, I had not went for a class 5 test due to preoccupations.
A background, I had dropped my father off at home and left to see my mother and brother because they were back from vacation during Saturday. When I had finished dinner with my mom, I had got in my car, and reached into my console to change one of my cd’s and noticed the Cannabis there. My father’s willing to testify and say that it is his and that he had forgotten it there. I decided to leave thinking nothing would really happen, “it’s legal” is what I said. A small bag that wasn’t weighed for me but I’m sure was less than 2 grams.
On the highway in Coquitlam, I had noticed too many times the commercial trucks ahead of me spilling rocks out of their trucks. There was much less room to the right of me and nobody seemed to me moving forward. I decided for a moment to get in front of them using the HOV due to the fact I saw ahead nobody was there and in my mirror nobody was coming for 100’s of yards. When I eventually made my move and was slowing back down, I had noticed lights behind me, and I was pulled over. I was issued the 2 tickets, and had my car impounded for 7 days. The officer smelled my car and asked if I had any in it. I told him no first but then thought about it and gave the truth, not saying that it wasn’t mine, because I’m not going to openly blame others.
Due to the fact that the officer spelt my name wrong on all pieces of paperwork, and wrote the colour of my car wrong, I believe there’s reasonable doubt I wasn’t going that fast. The incident happened in a 2 litre VW Jetta, I’ve owned a luxury car for 18 months with 3x more HP and didn’t get any violations in it. He also didn’t make me sign the ticket.
Failure to display N sign. I park in an alleyway behind work in the morning which is beside 2 restaurants and always has lowlife’s hanging out in it, and I park at University which is no doubt a place for thieves. I can’t always remember to take it off and leave it on. I’ve constantly replaced new ‘N’ signs on my car and they consistently go missing.
It’s extremely important to my work and school obligations that I have a vehicle for use. My father doesn’t have a driver’s license and he’s the only person I live with. The public transportation systems where I live are not viable for my schedule.
I have booked a class 5 road test in order to soften the punishments that might be dealt to me ahead. Please let me know what you think about this case.
A: Let's deal with your issues one by one:
1) Cannabis in the car with a GLP driver.
Cannabis in vehicle operated by minor
74 (1) A minor must not operate a vehicle, whether or not the vehicle is in motion, while there is cannabis in the vehicle.
(2) Subsection (1) does not apply if the cannabis
(a) was produced by a federal producer, is still in the packaging from its purchase by a consumer and the packaging has never been opened,
(b) is not readily accessible to the driver and any passengers in the vehicle, or
(c) is no more than 4 cannabis plants that are not budding or flowering.
Unless you can meet the conditions in (2) or are not a minor, simply having the cannabis in the car with you is a violation.
2) Commercial trucks spilling rocks.
Not a nice thing to be stuck behind, but another valid response to the problem is to drop back rather than go past if you can't pass legally.
3) Using the HOV lane.
Did you have enough passengers in your vehicle to justify the use of the HOV lane? If not, you are in violation. An aside, there is also a solid line between lanes for most of their length. If you crossed a solid line to get into the HOV lane that was a further violation.
There is nothing in your explanation regarding speed aside from receiving a ticket for it. I can't give advice without facts.
7) Fail to display the N sign.
No sign? The responsibility is yours. Perhaps you need to display it from inside the back window. Hopefully the glass is not so black that the sign cannot be seen.
8) I have to drive.
I'm sure that RoadSafetyBC hears that a lot. What seems to be trivial while you are driving suddenly becomes much more important. For this reason alone, it's worth making the correct choices.
9) Booking a class 5 road test.
Good strategy. RoadSafetyBC allows "experienced" drivers to disobey more often or make a lot more mistakes than GLP drivers before they face licence suspensions. Odd, but in most other situations we expect experienced people to not make mistakes or the wrong choices.
10) What do I think?