The courts have made it clear that driving is a privilege and not a right. British Columbia drivers face a multitude of ways of having their driving privileges prohibited or suspended. A driving prohibition may be part of a court's sentence in relation to a driving offence. Alternatively, a prohibition may flow from a police investigation that results in an Administrative Driving Prohibition or from an ICBC/Superintendent of Motor Vehicle's discretionary prohibition based on a poor driving record. We will ensure that the various government agencies treat you fairly throughout the process.
Serious Consequences for Driving While Prohibited:
The Motor Vehicle Act calls for serious sanctions when a person has been convicted for driving while prohibited. For a first offender there is a minimum $500 fine and a minimum 12 month driving prohibition. For any subsequent conviction there is a minimum mandatory 14 day jail sentence.
Defences to Driving Prohibition Charges:
At Mines & Company our lawyers understand that to prove a charge of driving while prohibited, the Crown must establish that the driver was prohibited and that they driver knew he or she was prohibited. Often, this issue of knowledge is difficult for the Crown. We understand the rules of evidence which govern the Crown in their effort to introduce various documents and certificates in prohibited driving cases. We will endeavour to exclude any evidence which Crown is seeking to unfairly use against you. If you have been charged with driving while prohibited, call us today.