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Difference between revisions of "Driving While Prohibited"
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Driving While Prohibited (view source)
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There are several ways you can be prohibited from driving: by the province, by the police, or by a driving conviction. It is a driving offence to '''drive while prohibited'''. | There are several ways you can be prohibited from driving: by the province, by the police, or by a driving conviction. It is a driving offence to '''drive while prohibited'''. | ||
== | ==What you should know== | ||
===The province can prohibit you from driving=== | ===The province can prohibit you from driving=== | ||
A BC government office monitors driving records and can issue a driving prohibition. The '''Superintendent of Motor Vehicles''', | A BC government office monitors driving records and can issue a driving prohibition. The '''Superintendent of Motor Vehicles''', [https://www2.gov.bc.ca/gov/content/transportation/driving-and-cycling/driver-medical/improvement-programs-for-high-risk-drivers/administration-of-the-driver-improvement-program through its Driver Improvement Program], looks at things like the number of '''penalty points''' you have accumulated on your driving record within a two-year period (many driving offences automatically result in penalty points). The Superintendent’s office can prohibit you from driving in any of these cases: | ||
*The Superintendent considers it in the public interest — for example, if you have a bad driving record or you were involved in a high-risk driving incident. | |||
*Your driver’s licence was suspended in another province or state. | * The Superintendent considers it in the public interest — for example, if you have a bad driving record or you were involved in a high-risk driving incident. | ||
*You haven’t paid money owing under a court order relating to a vehicle accident you were involved in. | * Your driver’s licence was suspended in another province or state. | ||
*You haven’t taken a medical exam required by the Superintendent. | * You haven’t paid money owing under a court order relating to a vehicle accident you were involved in. | ||
* You haven’t taken a medical exam required by the Superintendent. | |||
===The police can prohibit you from driving=== | ===The police can prohibit you from driving=== | ||
Police have the discretion to issue various driving prohibitions. | Police have the discretion to issue various driving prohibitions. | ||
====24-hour roadside prohibition==== | ====24-hour roadside prohibition==== | ||
[https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-318/latest/rsbc-1996-c-318.html#sec215_smooth Under BC’s driving laws], police can issue a '''24-hour roadside prohibition''' if they have reasonable grounds to believe a driver’s ability to drive is affected by alcohol or a drug. | |||
If you are given a 24-hour prohibition, police send a copy of the prohibition notice to ICBC to be placed on your driver's record. Police can also '''impound''' your vehicle (have it towed) to prevent you from driving. | If you are given a 24-hour prohibition, police send a copy of the prohibition notice to ICBC to be placed on your driver's record. Police can also '''impound''' your vehicle (have it towed) to prevent you from driving. | ||
{| class="wikitable" | {| class="wikitable" | ||
|align="left"|'''Tip''' | |align="left"|'''Tip''' | ||
If police give you a 24-hour roadside prohibition, believing you’ve been drinking, you can ask the police to test your breath. If your blood-alcohol level is below 50 milligrams of alcohol in 100 millilitres of blood (“below .05”), the police have to cancel the prohibition. But if your blood-alcohol level is over .05, you face more than a 24-hour prohibition — | If police give you a 24-hour roadside prohibition, believing you’ve been drinking, you can ask the police to test your breath. If your blood-alcohol level is below 50 milligrams of alcohol in 100 millilitres of blood (“below .05”), the police have to cancel the prohibition. But if your blood-alcohol level is over .05, you face more than a 24-hour prohibition — [[Impaired Driving|see our information on impaired driving]]. | ||
|} | |} | ||
====Immediate roadside prohibition==== | ====Immediate roadside prohibition==== | ||
[https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-318/latest/rsbc-1996-c-318.html#sec215.41_smooth Under another provision of BC’s driving laws], police can issue an '''immediate roadside prohibition''' if you provide a breath sample and an '''approved screening device''' shows a warn or fail reading, and police have reasonable grounds to believe your ability to drive is affected by alcohol. | |||
A '''fail''' reading (of over .08) results in a 90-day driving prohibition. A '''warn''' reading (of over .05) results in a 3-day driving prohibition for a first prohibition, a 7-day driving prohibition for a second prohibition, and a 30-day driving prohibition for any subsequent prohibition. | A '''fail''' reading (of over .08) results in a 90-day driving prohibition. A '''warn''' reading (of over .05) results in a 3-day driving prohibition for a first prohibition, a 7-day driving prohibition for a second prohibition, and a 30-day driving prohibition for any subsequent prohibition. | ||
====Administrative driving prohibition==== | ====Administrative driving prohibition==== | ||
[https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-318/latest/rsbc-1996-c-318.html#sec94.1_smooth Under another provision], if the police, suspecting you of drinking and driving, test your blood-alcohol level and it’s over .08, they can give you a 90-day '''administrative driving prohibition'''. They can also charge you under the ''Criminal Code'' with impaired driving. (For more, [[Impaired Driving|see our information on impaired driving]].) | |||
===A criminal conviction can prohibit you from driving=== | ===A criminal conviction can prohibit you from driving=== | ||
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===If you are charged with driving while prohibited=== | ===If you are charged with driving while prohibited=== | ||
'''Driving while prohibited''' from driving | '''Driving while prohibited''' from driving [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-318/latest/rsbc-1996-c-318.html#sec95_smooth is an offence under the ''Motor Vehicle Act'']. If you are charged with driving while prohibited, the prosecutor must usually prove that: | ||
*you were driving, and | |||
*you were prohibited from driving, and | * you were driving, and | ||
*you ''knew'' you were prohibited from driving. | * you were prohibited from driving, and | ||
* you ''knew'' you were prohibited from driving. | |||
The prosecutor must prove each of these elements beyond a reasonable doubt. The prosecutor will normally use several documents to show these things, in addition to other evidence. You should carefully review these documents, ideally with a lawyer, before deciding how to proceed. | The prosecutor must prove each of these elements beyond a reasonable doubt. The prosecutor will normally use several documents to show these things, in addition to other evidence. You should carefully review these documents, ideally with a lawyer, before deciding how to proceed. | ||
For a description of what to expect from the process, | For a description of what to expect from the process, [[Traffic Tickets|see our information on traffic tickets]]. | ||
===If you’re sentenced for driving while prohibited=== | ===If you’re sentenced for driving while prohibited=== | ||
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As well, you will be '''prohibited from driving''' for at least 12 months. The judge can consider your driving record and impose a longer driving prohibition. | As well, you will be '''prohibited from driving''' for at least 12 months. The judge can consider your driving record and impose a longer driving prohibition. | ||
In addition, a driving while prohibited conviction automatically results in '''10 penalty points''' against your driver’s licence. (For how penalty points affect the premiums you pay for car insurance, | In addition, a driving while prohibited conviction automatically results in '''10 penalty points''' against your driver’s licence. (For how penalty points affect the premiums you pay for car insurance, [[The Points System and ICBC|see our information on the points system and ICBC]].) | ||
For a second or further offence, a judge must send you to '''jail''' for at least 14 days and up to one year — in addition to ordering a fine of between $500 and $2,000, and a driving prohibition of at least a year. | For a second or further offence, a judge must send you to '''jail''' for at least 14 days and up to one year — in addition to ordering a fine of between $500 and $2,000, and a driving prohibition of at least a year. | ||
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===Can I challenge a driving prohibition issued by the police?=== | ===Can I challenge a driving prohibition issued by the police?=== | ||
Yes. Police send a copy of any driving prohibition notice they issue to ICBC to be placed on your driver's record. You can ask Road Safety BC for a '''review''' of a driving prohibition. You must ask '''within seven days''' of when you get the notice of prohibition. | Yes. Police send a copy of any driving prohibition notice they issue to ICBC to be placed on your driver's record. You can ask Road Safety BC for a '''review''' of a driving prohibition. You must ask '''within seven days''' of when you get the notice of prohibition. | ||
To ask for the review, | To ask for the review, [https://www.icbc.com/locators/Pages/default.aspx you fill in an application form available at any ICBC driver licensing office]. You must also pay a fee that depends on whether you make your case in writing or orally. A decision will usually be made within 21 days of when you got the prohibition notice. [https://www2.gov.bc.ca/gov/content/transportation/driving-and-cycling/driving-prohibitions-suspensions/disputes-appeals-reviews The grounds to dispute the prohibition vary depending on the type of prohibition]. The reality is most prohibitions are upheld. During the review process, you are still prohibited from driving. | ||
== | ==Who can help== | ||
===With more information=== | ===With more information=== | ||
The '''BC government''' website includes information on driving prohibitions and suspensions. | The '''BC government''' website includes information on driving prohibitions and suspensions. | ||
* [https://www2.gov.bc.ca/gov/content/transportation/driving-and-cycling/driving-prohibitions-suspensions/prohibitions-and-suspensions Visit website] | |||
With its '''Driver Improvement Program''', the Superintendent of Motor Vehicles identifies high-risk drivers and encourages them to improve their driving habits. | |||
With its '''Driver Improvement Program''', the Superintendent of Motor Vehicles identifies high-risk drivers and encourages them to improve their driving habits. | |||
* [https://www2.gov.bc.ca/gov/content/transportation/driving-and-cycling/driver-medical/improvement-programs-for-high-risk-drivers/administration-of-the-driver-improvement-program Visit website] | |||
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