Driving While Prohibited (13:XI)

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 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 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.

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/driving-prohibitions-suspensions/prohibitions-and-suspensions/caught-driving-while-prohibited.

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;
• No minimum fine amount; and
• The individuals driving record will only be blemished with a 3 point Motor Vehicle Act infraction on their record.

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