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Driving Prohibitions

Driving is a Privilege, not a Right

The Supreme Court of Canada has ruled clearly that driving a vehicle is a privilege and not a right. Provincial Governments have the jurisdiction to regulate driving, and in British Columbia this is done through ICBC/RoadSafetyBC. RoadSafetyBC is responsible for regulating British Columbia’s 3.2 million active drivers with respect to issues such as driving prohibitions or suspensions, vehicle impoundments, and driver improvement requirements such as the Remedial Driving Program and Ignition Interlock Program. The Superintendent of Motor Vehicles, through the Motor Vehicle Act, is the administrative authority that regulates driving with a view to reducing the risk factors that lead to motor vehicle crash fatalities and injuries. Under the MVA, the Superintendent has statutory authority to:

  • Prohibit a person from driving based on an unsatisfactory driving record, on the foundation of an accumulation of penalty demerit points for traffic violations; and to
  • Require drivers to participate in remedial driving programs such as the Responsible Drivers Program or the Ignition Interlock Program.

Receiving a Notice of Intent to Prohibit

When drivers are convicted of a Motor Vehicle Violation Ticket, in addition to a prescribed fine, the driver will be assessed a number of penalty demerit points. For example, a driver convicted of making an improper left-hand turn will be assessed 2 points; a driver convicted of speeding will receive 3 points and a driver convicted of using an electronic device will receive 4 points. When drivers reach a certain threshold (based on their type of license and prior driving history) the Superintendent of Motor Vehicles will send them a “Notice of Intent to Prohibit” for a period of 1 month to 24 months or more. Receiving such a letter can be devastating news for people who must drive for work or family purposes. Fortunately, RoadSafetyBC does have an appeal process as part of their Driver Improvement Program. We have a history of success in conducting these appeals and can help you with your Application for Review of an intended driving prohibition.

Recent Successes

R. v. L.M. – Vancouver Provincial Court

Charge: Mischief Over $5000.
Issue: Whether Crown could prove the value of damage alleged to have been caused by our client.
Result: Mr. Mines was able to persuade Crown counsel that because it could not accurately prove the value of damage, and that our client had taken appropriate steps of self-rehabilitation,  Crown elected to not approve any charges. No criminal record.

R. v. H.K. – Port Coquitlam Provincial Court

Charge: Assault.
Issue: Whether it was in the public interest to proceed with a criminal prosecution in this "road rage" case.
Result: Mr. Mines was able to provide information to Crown counsel about our client's personal circumstances and the circumstances of the incident which resulted in Crown staying the charge after our client completed Alternative Measures. No criminal record.

R. v. J.S. – North Vancouver Provincial Court

Charges: Uttering Threats (x3).
Issue: Whether or not our client was entitled to be sentenced to a conditional discharge rather than being convicted of this offence.
Result: Upon hearing Mr. Gauthier's submissions on our client's behalf, the Court granted our client a conditional discharge rather than entering a conviction. No criminal record.

R. v. S.G. – Surrey Provincial Court

Charges: Assault; Mischief. Issue: Given the rehabilitative steps that we guided our client through and advocating on her behalf that there was a reasonable self defence issue, whether there was a substantial likelihood of securing a conviction.
Result: Mr. Gauthier was able to persuade Crown counsel that there was no substantial likelihood of a conviction. Ultimately Crown entered a stay of proceedings. No criminal conviction. No criminal record.

R. v. K.B.K. – Vancouver Provincial Court

Charges: B&E; Assault; Distribute Intimate Images.
Issue: Whether the Crown could comply with a defence disclosure request and possibly face a Charter application to have charges stayed due to unreasonable delay.
Result: On the eve of the trial, Mr. Mines was able to persuade Crown to allow our client to plead guilty to the least serious charge, assault by slapping. Crown nonetheless sought a conviction and probation, but after hearing Mr. Mines' submissions, the trial judge granted our client a conditional discharge. No criminal conviction.

R. v. C.B.S. – Richmond Provincial Court

Charges: B&E; Assault; Distribute Intimate Images.
Issue: Whether the Crown could comply with a defence disclosure request and possibly face a Charter application to have charges stayed due to unreasonable delay.
Result: On the eve of the trial, Mr. Mines was able to persuade Crown to allow our client to plead guilty to the least serious charge, assault by slapping. Crown nonetheless sought a conviction and probation, but after hearing Mr. Mines' submissions, the trial judge granted our client a conditional discharge. No criminal conviction.

R. v. V.L. – Vancouver Provincial Youth Court

Charge: Assault.
Issue: Given the rehabilitative steps we were able to guide our client through, whether there was a public interest in proceeding with criminal charges.
Result: After providing Crown counsel with our client's positive psychological counselling report, Mr. Gauthier was able to persuade Crown counsel to enter a stay of proceedings. No criminal record.

R. v. C.J.X. – Richmond Provincial Court

Charges:  Assault with a Weapon.
Issue: Given the rehabilitative steps we were able to guide our client through, whether there was a public interest in proceeding with criminal charges.
Result: After providing Crown counsel with our client's  positive psychological counselling report, Mr. Gauthier  was able to persuade Crown counsel to enter a stay of proceedings. No criminal record.

R. v. B.E. – Surrey Provincial Court

Charges: Assault (domestic) x2.
Issue: Given the rehabilitative steps we were able to guide our client through, whether it was in the public interest to proceed with the criminal prosecution.
Result: Mr. Mines was able to provide information to Crown counsel on our client's behalf and ultimately persuaded Crown to enter a stay of proceedings. No criminal record.

R. v. A.S. – Vancouver Provincial Court

Charges: B & E, Fraud over $5000, Motor vehicle theft; Identity theft, Driving while prohibited (x2).
Issue: Given our client’s personal circumstances and rehabilitative efforts, what would be the appropriate sentence.
Result:  Mr. Johnston was able to persuade Crown to make a joint submission for time-served, followed by a period of probation. The Crown directed stays of proceedings on several charges.  After hearing Mr. Johnston's submissions on our client's behalf, the sentencing judge noted that he would have ordinarily imposed a lengthy jail sentence for an accused in our client's position, but he accepted the joint submission. No further jail.

R. v. M.A.K. – Vancouver Provincial Court

Charge: Possession of fentanyl and carfentanil for the purposes of trafficking.

Issue: Given the information Mr. Johnston provided to Crown counsel regarding our client’s personal circumstances and the circumstances of the alleged offence, whether it was appropriate to proceed with a criminal prosecution.

Result: Mr. Johnston was able to persuade the Crown that there were issues with respect to the Crown's evidence such that it was unlikely our client would be convicted at trial, and that there was insufficient public interest in continuing to prosecute our client in any case. Given this informaton, the Crown directed a stay of proceedings on the charge. No criminal record.

R. v. S.B. – Vancouver Provincial Court

Charge: Carrying a Concealed Weapon.
Issue: Given the information Mr. Johnston was able to provide to Crown counsel regarding the circumstances of the incident and our client's background, whether it was in the public interest to proceed with a criminal prosecution.
Result: Mr. Johnston persuaded Crown counsel that there was insufficient public interest, leading Crown to enter a stay of proceedings. No criminal record.
View All

Application to Review a “Point Based” Driving Prohibition

When a conviction is enforced against a driver for any traffic violation ticket, including an alcohol-related roadside prohibition, RoadSafetyBC will review the driver’s record over the past 2 years. Generally, for drivers in the graduated licence program (an “L” or “N” driver) as little as 2 demerit points will trigger a Notice of Intent to Prohibit; for experienced drivers, anything more than 14 demerit points within a 2-year period will trigger a Notice of Intent to Prohibit. Additional factors, such as any alcohol-related convictions; any prior driving prohibitions or any convictions for “high risk” offences such as distracted driving or excessive speeding, will also apply and will generally trigger longer driving prohibitions.

We are experienced in understanding RoadSafetyBC’s Driver Improvement Program Policies and Guidelines. We are able to assist clients in applying to have an intended prohibition cancelled altogether or the prohibition period reduced. If you have received a Notice of Intent to Prohibit, it is imperative that you act quickly, because there is a 21-day time limit for a review of the prohibition. In order to make application for the review, we will meet with you and go over your personal circumstances and your driving record. We will essentially see how your situation fits into the policies set out by the Driver Improvement Program, and we will craft a compelling argument in an effort to cancel or reduce the driving prohibition that RoadSafetyBC intends to impose.

Start with a free consultation.

If you are being investigated by police or if you’ve been charged with a criminal or driving offence, don’t face the problem alone. Being accused of an offence is stressful. The prospects of a criminal record or jail sentence can be daunting. Even if you think there is no defence, we may be able to help. To schedule a free initial consultation with one of our Vancouver lawyers, contact us now.

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