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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.F. - North Vancouver Provincial Court

Charges: Possession for the purpose of Trafficking; Obstruct Police.
Issue: Whether the cocaine found by police was intended for sale or for personal use, and whether it was in the public interest to prosecute.
Result: Mr. Mines was able to provide information to Crown counsel which resulted in Crown agreeing to drop all charges upon our client successfully completing the Alternative Measures Program.

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

Charge: Possession of a loaded restricted handgun, without a permit.
Issue: Whether the Crown could prove that our client did anything more than briefly touch the gun while he a passenger in a vehicle.
Result: Mr. Mines was able to persuade the trial judge that our client's actions were minimal and that his youthful age and lack of record allowed him to be granted  a conditional discharge. No conviction. No jail.

R. vs. S.S. - Nelson Provincial Court

Charges: Possession for the Purpose of Trafficking (MDMA, Ketamine, Cocaine).
Issue: Given the nature of the search and seizure, the rehabilitative steps we were able to guide our client through, and given the recent changes to the mandatory minimum jail sentence for this offence, whether our client was eligible for a non-custodial sentence.
Result: Notwithstanding the large amount of drugs involved (approximately 2 kgs), Mr. Johnson was able to persuade the court to impose a conditional sentence of two years, less one day. No jail.

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

Charges: Assault.
Issue: Given the provocation that preceded the incident, what  the appropriate sentence would be.
Result: Mr. Gauthier was able to persuade the court to sentence our client to a period of probation of 12 months. No jail.

R. vs. B.K. - New Westminster Provincial Court

Charge: Indecent Act.
Issue: Given the rehabilitative steps we were able to guide our client through, whether it was in the public interest to proceed with the prosecution.
Result: Mr. Mines was able to persuade Crown counsel to enter a stay of proceedings upon our client completing an extensive course of counselling. No criminal record.

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

Charges: Theft Over $5000 (from employer).
Issue: Given the rehabilitative steps we were able to guide our client through, whether she would be sentenced to jail.
Result: After steering our client through counselling and arranging her repayment of the misappropriated funds, Mr. Mines was able to persuade Crown counsel to not seek a. jail sentence. After hearing Mr. Mines' submissions on our client's behalf, the court granted a suspended sentence and placed our client on probation for 18 months. No jail.

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

Charges: Sexual Assault; Uttering threats; assault, Breach of Release Order.
Issue: Whether there was a substantial likelihood of conviction.
Result: Mr. Mines was able to persuade Crown counsel that there was no realistic chance of conviction on the sex assault charge and Crown proceeded only on the assault charge to which our client pleaded guilty. After hearing Mr. Mines' submissions, the court granted our client a conditional discharge and Crown entered stays of proceeding on the remaining 3 counts. No jail, no criminal conviction.

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

Charge: Driving while prohibited.
Issue: Whether it was in the public interest to proceed with this charge which carries a mandatory one year driving prohibition upon conviction.
Result: Mr. Mines was able to provide Crown counsel with information that concluded our client was not at all responsible for the motor vehicle accident and persuaded Crown to proceed on the lesser offence of driving without aa valid license. Our client was sentenced to a fine and a 3 month driving prohibition.

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

Charges: Mischief Over $5000; Assault Police Officer.
Issue: Whether the sentence ought to emphasize punishment or rehabilitation in this matter where our client was alleged to have caused over $100,000 in damage to his building.
Result: Mr. Gauthier was able to provide Crown counsel with materials confirming the rehabilitative steps our client had taken for his mental health. The cRown stayed the assault police officer charge and, after hearing Mr. Gauthier's submissions, the Court granted our client a conditional discharge and placed him on probation. No jail.

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

Charge: Assault (domestic).
Issue: Whether it was in the public interest to proceed with the prosecution.
Result: Mr. Mines was able to persuade Crown counsel to enter a stay of proceedings on the assault charge. Our client entered into a 12 month Peace Bond. No criminal record.

R. vs. B.Z. - Port Coquitlam Provincial Court

Charge: Assault (domestic).
Issue: Given the rehabilitative steps we were able to direct our client through, whether it was in the public interest to proceed with this prosecution.
Result: Mr. Johnson was able to provide Crown counsel with information that allowed him to persuade Crown to enter a stay of proceedings. No criminal record.

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

Charges: Driving While Prohibited.
Issue: Whether it was in the public interest for Crown to proceed with the prosecution of this offence which carries a 12 month mandatory minimum driving prohibition.
Result: Mr. Johnson was able to persuade Crown counsel to proceed on the lesser offence of driving without a valid licence. Our client received a $500 fine and a 30 day 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.