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Difference between revisions of "Driving While Prohibited (13:XI)"

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Driving While Prohibited (13:XI) (view source)

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(Created page with "It is an offense under ''Motor Vehicle Act'' s 95(1)(a) to drive a motor vehicle on a highway or industrial road knowing that he or she is prohibited from doing so under: * ss...")
 
 
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It is an offense under ''Motor Vehicle Act'' s 95(1)(a) to drive a motor vehicle on a highway or industrial
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road knowing that he or she is prohibited from doing so under:
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* ss 91 (prohibition issued by the Insurance Corporation of British Columbia for an
It is an offence under the ''Motor Vehicle Act'' s 95(1)(a) to drive a motor vehicle on a highway or industrial
unsatisfied court judgment),
road knowing that they are prohibited from doing so under:
* 92 (prohibition against driving relating to fitness or ability to drive), 93 (prohibition issued by superintendent in the public interest),
* 94.2 (driving prohibition for driving while impaired by alcohol or refusing to provide a breath
sample without reasonable excuse),
* 215 (24 hour impaired driving prohibition), 215.43 (immediate roadside driving prohibition), or
* 251(4) (prohibition for driving while failing to hold a license, or while an impoundment notice was issued on the license),
Then the person commits an offencse and is liable:
* on a first conviction, to a fine of not less than $500 and not more than $2 000 or to imprisonment
for not more than 6 months, or to both, and
* on a subsequent conviction, regardless of when the contravention occurred, to a fine of not less
than $500 and not more than $2 000 and to imprisonment for not less than 14 days and not more
than one year.
* The individuals driving record will also be blemished and they will receive a 10 point ''Motor Vehicle Act'' infraction on their record.
The term “knowingly” means that Crown must prove beyond a reasonable doubt that the person
charged knew that they were prohibited from driving. However, service of a prohibition certificate by
registered mail, per Motor Vehicle Act s 95(4)(a) constitutes constructive knowledge, even in cases where
the accused never reads the driving prohibition: ''R. v. Wall'', 2010 CarswellBC 3398, 2010 BCPC 316.


* ss 91 (prohibition issued by the Insurance Corporation of British Columbia for an unsatisfied court judgment);
* 92 (prohibition against driving relating to fitness or ability to drive);
* 93 (prohibition issued by Superintendent in the public interest);
* 94.2 (driving prohibition for driving while impaired by alcohol or refusing to provide a breath sample without reasonable excuse),
* 215 (24 hour impaired driving prohibition);
* 215.43 (immediate roadside driving prohibition); or
* 251(4) (prohibition for driving while failing to hold a license, or while an impoundment notice was issued on the license).
Then the person commits an offence and is liable:
* On a first conviction, to a fine of not less than $500 and not more than $2 000 or to imprisonment for not more than 6 months, or to both, and
* On a subsequent conviction, regardless of when the contravention occurred, to a fine of not less than $500 and not more than $2 000 and to imprisonment for not less than 14 days and not more than one year.
The individual's driving record will also be blemished and they will receive a 10 point ''Motor Vehicle Act'' infraction on their record.
The term “knowingly” means that Crown must prove beyond a reasonable doubt that the person charged knew that they were prohibited from driving. However, service of a prohibition certificate by registered mail, per Motor Vehicle Act s 95(4)(a) constitutes constructive knowledge, even in cases where the accused never reads the driving prohibition: [https://www.canlii.org/en/bc/bcpc/doc/2010/2010bcpc316/2010bcpc316.html ''R v. Wall'', 2010 BCPC 316].
The prohibited driver’s vehicle will likely be impounded if caught driving while prohibited. For more information on vehicle impoundment, please see https://www2.gov.bc.ca/gov/content/transportation/driving-and-cycling/roadsafetybc/high-risk-driver/impoundment.
It is advisable that individuals charged with Driving While Prohibited seek out legal advice from a lawyer. It is possible to work out a plea deal with the Crown Counsel to a lesser included offence of Driving Without a License pursuant to s 24(1) of the ''Motor Vehicle Act''. The benefits of this resolution are that:


It is advisable that individuals charged with Driving While Prohibited seek out legal advice from a lawyer. It is possible to work out a plea deal with the Crown Counsel to a lesser included offence of Driving Without a Licence pursuant to s. 24(1) of the Motor Vehicle Act. The benefit of this resolution is that:
* There is no statutory minimum driving prohibition;
* There is no statutory minimum driving prohibition;
* No minimum fine amount; and
* No minimum fine amount; and
* The individuals driving record will only be blemished with a 3 point Motor Vehicle Act infraction on their record.
 
* The individual's driving record will only be blemished with a 3 point ''Motor Vehicle Act'' infraction on their record.
 
 
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