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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. vs. J.T. - Surrey Provincial Court

Charges: Assault; Resist /Obstruct Police.
Issue: Whether there was a substantial likelihood of a conviction and whether there was a public interest in proceeding with the charges.
Result: Mr. Johnson provided Crown with additional information regarding the alleged facts of the assault complaint and the excessive force used by police in arresting our client.  Ultimately Mr. Johnson persuaded Crown counsel to stay the proceedings on both charges. No criminal record.

R. vs. J.M. - Vancouver Provincial Court

Charge: Assault Causing Bodily Harm.
Issue: Whether it was in the public interest for our client to receive a conviction on this charge.
Result: Mr. Johnson was able to persuade the Court to grant our client a conditional discharge. No conviction.

R. vs. T.A. - Vancouver Provincial Court

Charge: Commit Indecent Act.
Issue: Whether it was appropriate for Crown to proceed with the charge.
Result: Mr. Mines was able to present information on our client's behalf and was able to persuade Crown counsel that there was no longer any public interest in proceeding with this matter. Stay of proceedings. Warrant cancelled. No criminal record.

R. vs. H.L. - Vancouver Provincial Court

Charge: Driving While Prohibited.
Issue: Whether it was in the public interest to proceed with the charge.
Result: Mr. Johnson was able to persuade Crown to proceed on the lesser offence of driving without a valid licence. Rather than a mandatory minimum 12 month driving prohibition, our client was sentenced to a $300 fine and a 3 month prohibition.

R. vs. L.W. - North Vancouver Provincial Court

Charge: Criminal Harassment (reduced to Peace Bond).
Issue: Whether it was in the public interest for Crown to prosecute our client on the criminal harassment charge;
Result: Mr. Johnson was able to persuade Crown to stay the criminal charge upon our client entering into a s. 810 Peace Bond for 12 months. No criminal record.

R. vs. K.M. - Surrey RCMP Investigation

Charge: Sexual Assault.
Issue: Whether there was sufficient evidence to meet the Crown's charge approval standard.
Result: Mr. Johnson was able to steer our client through the investigation and was able to provide information to police and Crown which culminated in Crown counsel's decision to not approve any charges. No criminal record.

R. vs. P.H.S. - Vancouver Provincial Court

Charge: Driving While Prohibited.
Issue: Whether it was in the public interest for Crown to proceed with the charge.
Result: Mr. Johnson was able to persuade Crown to allow our client to plead to s. 24(1) of the Motor Vehicle Act. Rather than the mandatory minimum 12 month driving prohibition, our client was sentenced to a $300 fine and a two month driving prohibition.

R. vs. K.K. - North Vancouver Provincial Court

Charges: Sexual Assault x2; Sexual Interference.
Issue: Given the extensive information that we were able to provide to Crown counsel, whether there remained a substantial likelihood of a conviction.
Result: Mr. Johnson was able to persuade Crown counsel to enter a stay of proceedings on all counts. No jail. No criminal record.

R. vs. C.F. - Port Coquitlam Provincial Court

Charge: Assault (reduced to s. 810 Peace Bond).
Issue: Given the rehabilitative steps we were able to guide our client through, whether it was appropriate for Crown to proceed.
Result: Mr. Mines was first able to persuade Crown to proceed on a Peace Bond application rather than the criminal assault charge. He was then able to persuade Crown to withdraw its Peace Bond application. No criminal record.

R. vs. T.K.- Abbotsford Provincial Court

Charge: Driving without consideration; driving past police vehicle; speeding.
Issue: Whether it was in the public interest to proceed with all counts, which upon conviction would have led to a driving prohibition.
Result: Mr. Mines was able to negotiate a resolution where our client pleaded guilty to only a three point speeding ticket and police withdrew the remaining counts. Our client was sentenced to a fine. No driving prohibition.

R. vs. E.W. - Vancouver Provincial Court

Charge: Assault.
Issue: Given the rehabilitative steps we were able to guide our client through, whether it was in the public interest for our client to receive a criminal conviction.
Result: After hearing Mr. Johnson's submissions on our client's behalf, the court granted our client a conditional discharge. No criminal conviction.

R. vs. J.D. - Vancouver Provincial Court

Charge: Driving while Prohibited.
Issue: Whether it was in the public interest to proceed with this charge which carries a one year mandatory minimum driving prohibition.
Result: Mr. Johnson was able to persuade Crown counsel to permit our client to resolve this matter by pleading guilty to the lesser offence of driving without a valid licence. Our client was sentenced to a fine. No driving prohibition.

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.