Driving Law

Filkow Law is a leading driving law firm well-known for its exceptional results on all aspects of driving law and frequently consulted by legal professionals for advice. A driving prohibition can have devastating effects on one’s employment and family and can also have serious criminal, financial and insurance consequences.

Experienced BC Traffic Lawyers

The lawyers at Filkow Law have over 50 years of driving law experience and are highly regarded for their knowledge, expertise and excellent representation.

Driving is one of the most highly regulated areas of the law. Driving offences range from having a traffic ticket to an immediate roadside prohibition to dangerous and impaired driving to serious car accidents and pedestrian fatality cases. Driving prohibition can have devastating effects on one’s employment and family and can also have criminal and insurance consequences.

The lawyers at Filkow Law have successfully dealt with thousands of driving prohibition cases. If you are facing a driving prohibition, immediate roadside prohibition or a charge of driving while prohibited, call Filkow Law today.

For more information on our highlighted practice areas, click on any of the links below.

Driving While Prohibited

Criminal Code
Motor Vehicle Act

Licence Prohibitions

Notice of Prohibition
Notice of Intent to Prohibit
Driver Improvement Program

ICBC Breaches & Accidents

Drugs and alcohol
False statements
Fail to cooperate
ICBC Debt

Immediate Roadside Prohibitions

Fail
Refusal
Warning

Why did I get a driving prohibition from RoadSafetyBC?

RoadSafetyBC may prohibit you for a number of reasons, including the following:

you have an “unsatisfactory” driving record;
a police officer forwarded a “high-risk driving incident report” to RoadSafetyBC;
RoadSafetyBC determines you are medically “unable” or “unfit” to drive; and
for any other reason RoadSafetyBC considers to be in the public interest.

The most common reason for a prohibition is having an “unsatisfactory” driving record, which usually results from having too many points or high-risk offences.

What is the difference between a fully-licensed driver (Class 5) and a new driver (Class 7)?

Class 7 drivers are subject to certain restrictions. For example, new drivers cannot use electronic devices, have any alcohol or drugs in their body while driving, or have too many passengers. Learners cannot drive at all unless they have a properly qualified supervisor.

RoadSafetyBC treats Class 7 drivers who incur driving violations much more severely than experienced drivers.

What if I have an international driver’s licence?

RoadSafetyBC treats international drivers as new drivers. Because of this fact, a driver with an international licence will scrutinized more closely than a driver with a full BC driver’s licence. Even one ticket may result in a driving prohibition.

I have my full licence (Class 5). How many points am I allowed before I will be prohibited?

Fully-licensed (class 5) drivers who incur 15 or more points in a two-year period will likely be prohibited.

Fully-licensed drivers who are found guilty of two or more high-risk driving offences in a 12-month period, will likely be prohibited from driving – even if they have fewer than 15 points.

I am a new driver (Class 7). How many points am I allowed before I will be prohibited?

New drivers (class 7) who incur more than three points or even one high risk driving offence will likely be prohibited from driving.

What is considered a high-risk driving offence?

RoadSafetyBC designates the following offences as “high-risk”:

using an electronic device while driving;
excessive speeding;
driving without due care and attention; and
driving without consideration.

Because these offences are designated high-risk, it is particularly important to get advice from an experienced lawyer about the consequences.

I have a letter referring me to the Driver Improvement Program. What does that mean?

The Driver Improvement Program is RoadSafetyBC’s process of reviewing driving records and issuing, warning notices, probation notices and driving prohibitions. You can find more information on the program here. Learn more about driving prohibitions here.

I received a Notice of Intent to Prohibit. What does this mean?

A Notice of Intent to Prohibit advises you of RoadSafetyBC’s intention to prohibit you from driving for a period of time. The amount of time is specified in the letter. Learn more about how you could receive a driving prohibition here.

I have received a Notice of Intent to Prohibit Letter. What can I do?

The Notice of Intent letter gives you 21 days to submit a review of the intended prohibition. If a letter is submitted during this period, the decision to prohibit will be suspended until a final decision is made. We strongly recommend speaking to a lawyer to discuss your options.

If RoadSafetyBC already intends to prohibit me from driving. Why should I submit a request to review my prohibition within 21 days?

RoadSafetyBC may consider your hardship and may shorten or reduce your prohibition. Without a letter, all RoadSafetyBC sees is your driving record. Further, if you provide your submissions within the 21-day timeline, your prohibition will be put on hold until a decision is made. This may give you some more time to prepare for the prohibition.

I received a Notice of Prohibition. What does this mean?

A Notice of Prohibition advises you of RoadSafetyBC’s decision to prohibit you from driving for a period of time. The amount of time is specified in the letter.

How is a Notice of Prohibition different from a Notice of Intent to Prohibit?

A Notice of Intent to Prohibit advises you of RoadSafetyBC’s intention to prohibit you and provides you with 21 days to respond. On the other hand, a Notice of Prohibition advises you that RoadSafetyBC has prohibited you from driving, however the prohibition does not commence until you acknowledge the prohibition by signing it and returning it to RoadSafetyBC, or until a police officer serves you with it. In other words, the prohibition begins on the day you sign it and send it in or the day a police officer serves you.

I received a Notice of Prohibition but I am still driving. What will happen?

If you do not acknowledge your Notice of Prohibition, a police officer may serve you with the prohibition. If you are driving at the time the officer serves you, the officer may use their discretion to give you time to drive home before your prohibition commences.

What are the possible outcomes after I send my letter?

RoadSafetyBC will make one of three decisions: they will uphold the prohibition, reduce it in duration, or cancel the prohibition altogether. If you are prohibited by RoadSafetyBC, you are prohibited from driving for all purposes. RoadSafetyBC does not make exceptions that allow you to drive for work or medical reasons. Learn more about driving prohibitions here.

What considerations does RoadSafetyBC make when reviewing my submission?

RoadSafetyBC will look at a number of factors, including the following:

your driving experience;
the type and class of licence(s);
the seriousness of the infraction(s) as they relate to public safety or property damage;
the period of time since the infraction or between infractions;
any previous warnings, probation periods or driving prohibitions;
any previous lenience shown by adjudicators;
penalty points; and
driving improvement shown.

Hardship alone will usually not result in a driving prohibition being cancelled.

This is the first driving ticket I have ever received, and I am a good driver. Should I bother disputing it?

There are a number of reasons to dispute your first ticket. If you are a new driver, you can be prohibited from driving after a single ticket. If you are an experienced driver, you can be prohibited for as few as two tickets. If you pay your ticket, fail to dispute your ticket, miss your hearing, plead guilty, or are convicted of the offence, the violation will go on your record. All entries on a driving record are permanent.

Driving Law

Mar 14, 2023

What Is An Aggravated Assault?

Aggravated assault is the most serious assault charge someone can face in Canada. It is an assault where the complainant was wounded, maimed, disfigured, or their life was endangered.

What is the difference between an assault and an aggravated assault?

All criminal offences are made up of elements (i.e., ingredients). The elements of an aggravated assault are the same as for a regular assault, but the result of the assault is different. With a regular assault, the complainant suffered no bodily harm and were not wounded, maimed, disfigured, or had their life endangered.

What is the legal definition of an assault?

The elements of an assault are that the accused intentionally or recklessly applied force to the complainant without the complainant’s consent. Assaults where the complainant suffered no bodily harm and were not wounded, maimed, disfigured, or had their life endangered are sometimes also referred to as “simple assaults”. For more information on simple assaults, click here.

What is an assault causing bodily harm?

Assault causing bodily harm is an upgraded version of assault. It has the same elements of assault, except the complainant suffered “bodily harm”. Bodily harm means the complainant suffered harm that was more than transient or trifling.

When does an assault become an assault causing bodily harm?

There is no clear dividing line between harm that is transient or trifling and harm that goes beyond that. In practice, BC prosecutors will charge an accused with assault if the complainant alleges they suffered no more than a few bruises or scratches.

If an assault resulted in bleeding, significant bruising, or lumps, BC prosecutors are more likely to charge the accused with assault causing bodily harm. If the complainant had concussion symptoms, that can also be charged as an assault causing bodily harm. The meaning of “bodily harm” includes brain injuries or psychological damage, as long as they are more than transient or trifling.

What is the difference between assault, assault causing bodily harm, and aggravated assault?

Aggravated assault has the same elements as assault, except the complainant was also wounded, maimed, disfigured, or their life was endangered.

The difference between assault, assault causing bodily harm, and aggravated assault is in the result (i.e., outcome) of the assault. The more the complainant was hurt by the assault, the more likely the accused will be charged with an upgraded version of assault (either assault causing bodily harm or aggravated assault).

Are there other upgraded versions of assault, apart from assault causing bodily harm and aggravated assault?

There are two other upgraded versions of simple assault, but the differences between them and a simple assault do not depend on the result of the assault. Instead, they depend on the circumstances of the assault. These are assault with a weapon and assault by choking.

An assault with a weapon is any assault where the perpetrator carried, used, or threatened to use a weapon. A weapon is any “thing”, as long as it was used to assault someone with. A weapon could be a shoe, a plastic cup, a piece of clothing… anything. If it’s a thing, it can be a weapon and meet the legal definition of “assault with a weapon” provided the thing was used as a weapon.

An assault by choking is any assault where the accused is alleged to have choked the complainant. It does not depend on the result of the assault, but on the act itself.

When do people get charged with aggravated assault?

Although there are four outcomes that meet the definition of aggravated assault (wounding, maiming, disfiguring, or endangering life), the outcome that will most commonly meet the definition of an aggravated assault is wounding. That’s because someone who was maimed, disfigured, or had their life endangered will typically also have been wounded.

In practice, BC prosecutors will charge aggravated assaults where the harm suffered by the complainant is alleged to have been broken bones, broken cartilage, cuts requiring stitches, or worse.

How does the law define “wounding”, “maiming”, and “disfiguring”?

The legal definition of wounding is “a break in the continuity of the whole skin that also constitutes serious bodily harm”. Serious bodily harm means “any hurt or injury that interferes in a substantial way with the integrity, health or well-being of the complainant”.

The legal definition of maiming is “to inflict an injury that deprives a person of the use of a limb or renders the victim less able to defend themselves.” This means that breaking someone’s bones or otherwise making them unable to use their body properly means the harm they suffered was enough to count as an aggravated assault.

The legal definition of disfiguring is “impairing or injuring the beauty, symmetry, or appearance of a person”. Although the word “disfigure” implies an injury to the face, a facial injury is not necessary for its legal definition. The injury must simply be persistent and harmful to a person’s appearance. That means the legal definition of aggravated assault can be met without breaking skin (no wound) or injuring bodily functions (no maiming) if it still harmed the victim’s long-term appearance (i.e., disfigured them).

How does the law define “endangering life” for the purpose of an aggravated assault?

There is no elaborate legal definition of “endangering life” for the purpose of an aggravated assault. This is a fact-specific question that will depend on the circumstances of each case.

One example where someone could be found guilty of aggravated assault despite neither wounding, maiming, or disfiguring the complainant is if they discharged a firearm near the complainant and the bullet missed. There would be no actual harm to the complainant, but the accused would have endangered their life.

Of course, if someone shoots somebody with a firearm, they could also be charged with the offence of discharging a firearm with intent to endanger life. However, for someone to be guilty of that offence the prosecutor must prove they intended to endanger life. An accused could be guilty of aggravated assault for discharging a firearm near a complainant, even if they never intended to endanger the complainant’s life. If the accused was reckless, that is enough. This means it is easier for a prosecutor to prove an aggravated assault than to prove the offence of discharging a firearm with intent to endanger life.

How does intention play a role in aggravated assault?

In general, the law does not criminalize acts that a person does not intend. For someone to be guilty of an assault, they need to have intentionally or recklessly applied force to another person. “Reckless” means they knew they might apply force to another person but took that risk anyway.

Upgraded versions of assault also require some intention with regard to the result of the assault. For someone to be guilty of aggravated assault, the complainant must not only have been wounded, maimed, disfigured, or had their life endangered, but a reasonable person in the accused’s shoes would have also foreseen the risk of inflicting bodily harm to the complainant.

This mental exercise can be confusing, but it is a very common legal test. We call it an “objective test”, which means that instead of asking whether the accused foresaw the risk of harm from their actions, we ask whether a reasonable person in their shoes would have foreseen the risk of harm from their actions. If the legal test were about what the accused actually foresaw (as opposed to a reasonable person in their shoes), then we would call it a “subjective test”.

So, there are two aspects to intention with aggravated assault:

Intent regarding the assaultive act; and
Intend regarding the result of the act.

For the assaultive act, the accused must have intentionally or recklessly applied force to the complainant. For the result of the act, a reasonable person in the accused’s shoes must have foreseen the risk of bodily harm from applying force to the complainant.

What should I do if I’m being charged with aggravated assault?

You should retain a lawyer right away. All violent offences are serious, but aggravated assault is the most serious assault charge in the Criminal Code that someone can face. The charge carries a maximum punishment of 14 years in jail. If you are guilty of aggravated assault, it is not possible to avoid a criminal record. Lengthy jail sentences are also common.

The lawyers at Filkow Law are experts at criminal law and have vast experience defending assault charges. We can help. Do not hesitate to call us right away.

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Feb 08, 2023

Filkow Law Recognized As Top Richmond Criminal Defense & DUI Lawyers

Filkow Law has the pleasure of being voted a top-three Richmond Criminal Defence Lawyer and top-three DUI Laywer. Filkow Law has been serving a diverse community in the Richmond area for over 20 years. Lawyers and staff at the firm speak Mandarin, Cantonese, Punjabi, Russian, French, Serbian, Polish and German. The lawyers at Filkow Law specialize in criminal charges, driving cases, and ICBC cases.

Over the past decade, Filkow Law Richmond has been recognized for its expertise in multiple practice areas. Filkow Law has been voted the best law firm in Richmond for the past 8 years (2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021 and 2022). Filkow Law has consistently been voted as the top criminal and driving law firm in Richmond. Filkow Law was also rated one of the Top Three Richmond DUI Lawyers in 2021, 2022, and 2023. Filkow Law was also rated one of the Top Three Richmond Criminal Defence Lawyers in 2023.

Need A Criminal Defence Lawyer In Richmond? Call Filkow Law

Filkow Law is a highly regarded law firm with over 25 years of experience. Clients benefit from Filkow Law’s deep and broad knowledge and expertise of criminal law, driving law and the criminal justice and court system. Filkow Law is known for its skilled advocacy, its highly accessible culture, its signature strategic approach to every case, and the exceptional results achieved.

The lawyers at the firm have excellent reputations with the police, prosecutors and the courts across British Columbia. In addition to their courtroom skills, the lawyers at Filkow Law advocate for and achieve decisive victories away from the public eye, often before the criminal or driving case ever sees a day in court.

Filkow Law looks forward to continuing to deliver excellent outcomes for its clients. Please do not hesitate to contact any of the lawyers at the firm for a consultation.

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Feb 01, 2023

Drug Offence Lawyers: Why You Need One

A drug conviction can have lifelong implications.

Drug related offences, particularly trafficking and possession for the purpose of trafficking, are some of the most heavily resourced police files. Police receive extensive training and are provided unlimited resources to utilize a variety of investigative techniques for drug cases. Some of these techniques include:

Surveillance
Confidential informants
Wiretaps
Undercover officers
Trafficking devices

The accused is often faced with a large amount of evidence against him/her. The drug case looks bad and the penalties and implications can be very serious.

Drug Offence Lawyers: Why You Need A Lawyer For A Drug-Related Offence

As drug cases in British Columbia have many layers, a wide variety of legal issues arise. It is important to go through all the evidence with a fine tooth comb and flush out the different issues.

Drug cases require strong preparation, excellent strategy, and more importantly, the right lawyer and legal team.

We have recently achieved some remarkable results for our clients with drug charges. Our extensive experience on drug cases has allowed us to develop specialized knowledge and a specific approach to handling these types of complex cases. If you need a drug offence lawyer in BC, call Filkow Law today.

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Driving Law

Experienced BC Traffic Lawyers

Driving While Prohibited

Licence Prohibitions

ICBC Breaches & Accidents

Immediate Roadside Prohibitions

Frequently Asked Questions

Why did I get a driving prohibition from RoadSafetyBC?

What is the difference between a fully-licensed driver (Class 5) and a new driver (Class 7)?

What if I have an international driver’s licence?

I have my full licence (Class 5). How many points am I allowed before I will be prohibited?

I am a new driver (Class 7). How many points am I allowed before I will be prohibited?

What is considered a high-risk driving offence?

I have a letter referring me to the Driver Improvement Program. What does that mean?

I received a Notice of Intent to Prohibit. What does this mean?

I have received a Notice of Intent to Prohibit Letter. What can I do?

If RoadSafetyBC already intends to prohibit me from driving. Why should I submit a request to review my prohibition within 21 days?

I received a Notice of Prohibition. What does this mean?

How is a Notice of Prohibition different from a Notice of Intent to Prohibit?

I received a Notice of Prohibition but I am still driving. What will happen?

What are the possible outcomes after I send my letter?

What considerations does RoadSafetyBC make when reviewing my submission?

This is the first driving ticket I have ever received, and I am a good driver. Should I bother disputing it?

Criminal Law

Driving Law

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