edit: so the verdict is in from the Superintendant that I'm suspended for 3 months despite 8 pages of documented info on my innocence (I wasn't street racing) For those that may think that I'm a speed demon, I have only 1 speeding ticket of 3 points in 30 years with no accidents.
Some new info...
The 3 month prohibition doesn't start until I sign and send back the acceptance of it. I also have a week to dispute the prohibition with evidence against the information that they send you.
I can ride/drive during this time before the acceptance, so theorectically I could acknowledge this during the winter season. However, if I'm stopped by police I am served the prohibition immediately
So it has takened me 2 bus trips, one visit to a lawyer and one visit to the court house, 4 faxes to the superintendant of motor vehicles, hundreds of phone calls to lawyers, crown council, traffic court, ICBC and the Squamish police; you have the right to inquire and ask very direct questions on the procedures as it is your future at stake.
Do I hear someone asking "How did it go?"
"Not well" says Ralphael
To impound your bike for "Street Racing" apparently the only evidence the police needs is a radar reading of you at excessive speed. They do not need to charge you in court for "Street Racing" which is a criminal offense but rather the court charges can be as simple as "excessive speed" showing the intent to the superintendant of MV that the offense was serious enough for impoundment.
However the damage has been done. You are now fighting two separate entities, the Superintendant of MV (Judicator) and the Court of Law for your offense; one presumes that you are guilty until proven innocent and the other presumes you innocent until proven guilty.
Superintendant of Motor Vehicles
Fighting the Superintendent is all through written Faxes and mailed correspondence. You can phone to find out your status and whether a decision has been made, but you cannot verbally state your case.
The 15 days Notice of Prohibition from driving a motor vehicle served by the police is only a precursor to a greater prohibition of time; anywhere from 0 days to 2 years suspension. We faxed om our dispute within the first 7 days, however the Superintendant indicated to us that the 7 day dispute only applies to the letter that they will be sending out which may indicate that you are now prohibited from driving for 8 months.
15 days prohibition does not mean you can automatically drive/ride after the 15 days. I was told to wait for a letter that indicates whether I am further prohibited or I may re-apply for a new license at the MV branch.
Deciding that I did not want to dispute after the decision has been made, I faxed in all possible information relating to the incident hoping that this will help the Judicator to reach a fair decision regarding whether or not I am a danger to the public safety; I am guilty needing to prove my innocence.
Through free advice from a lawyer we were told to phone the court house to obtain any information for our court appearance; the purpose, evidence etc. Hower even though we were given an "Appearance Notice" we were not scheduled for the day of the appearance notice according to the court registry.
We phoned Crown Council to find out whether they received the police files which they did not. Apparently records were not filed in a timely manner and our court appearance turned out that the court will need to reschedule. We are waiting for a summon that will probably show up several weeks later.
A phone call to a constable of the Squamish police indicated that our only charges will be excessive and will not escalate into a "Street Racing" charge.
So an excessive can be fought in court with a lawyer. Innocent until proven guilty. However I now have to wait for a summon for my new court date.
Although my bike is safely home from the impound it is difficult to sit at home in this gorgeous weather and not be able to ride.
I'll know in a few days via letter from the Superintendant of MV whether I can ride after the 15 days. The court process will be a dark cloud hanging over my head throughout this year.