Difference between revisions of "Driving While Prohibited (13:XI)"
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{{REVIEWED LSLAP | date= July 1, 2023}} | |||
{{LSLAP Manual TOC|expanded = motor}} | {{LSLAP Manual TOC|expanded = motor}} | ||
It is an offence under the ''Motor Vehicle Act'' s 95(1)(a) to drive a motor vehicle on a highway or industrial | It is an offence under the ''Motor Vehicle Act'' s 95(1)(a) to drive a motor vehicle on a highway or industrial | ||
road knowing that they are prohibited from doing so under: | road knowing that they are prohibited from doing so under: | ||
* 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) | * ss 91 (prohibition issued by the Insurance Corporation of British Columbia for an unsatisfied court judgment); | ||
* 93 (prohibition issued by Superintendent in the public interest) | |||
* 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), | * 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 (24 hour impaired driving prohibition); | ||
* 215.43 (immediate roadside driving prohibition) | |||
* 251(4) (prohibition for driving while failing to hold a license, or while an impoundment notice was issued on the license) | * 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: | Then the person commits an offence and is liable: | ||
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: | * 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/ | 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: | |||
* 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 individual's driving record will only be blemished with a 3 point ''Motor Vehicle Act'' infraction on their record. | |||
{{LSLAP Manual Navbox|type=chapters8-14}} | {{LSLAP Manual Navbox|type=chapters8-14}} |
Latest revision as of 18:44, 8 August 2023
This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on July 1, 2023. |
It is an offence under the Motor Vehicle Act s 95(1)(a) to drive a motor vehicle on a highway or industrial road knowing that they are prohibited from doing so under:
- 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: 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:
- There is no statutory minimum driving prohibition;
- No minimum fine amount; and
- The individual's driving record will only be blemished with a 3 point Motor Vehicle Act infraction on their record.
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