
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.
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.
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.
If you need legal assistance, give us a call or simply text us your police, court or driving documents to our respective text line.
Driving Law
Apr 18, 2018
The Addiction Epidemic Fuels Crime
If you live in the lower mainland, you are well aware of the addiction epidemic that is plaguing our communities. You cannot turn on the news, or social media, or even walk downtown without being reminded that we are facing what is being called the Opioid Crisis.
It goes without saying that drug addiction doesn’t only affect the addict, but their entire family and everyone who cares about them as well. In fact, if you live in Vancouver, chances are you have a friend, co-worker, or family member struggling with the disease of addiction, this blog is written for you.
Drug Abuse And Crime In BC
The link between drug abuse and crime is undeniable. Addiction is a progressive, incurable, and fatal disease, and an addict can only progress so far before he or she becomes unemployable, and has to resort to other means to support his or her habit. Whether he or she is addicted to crack cocaine, crystal methamphetamine, heroin, fentanyl, or even alcohol, their habit is never a cheap one; opiate users for example, often spend several hundred dollars a day on their drug of choice. Therefore, crime often becomes the only viable way to fund a drug habit.
Related: Decriminalization of Controlled Substances in Vancouver
If you have a friend or family member who is charged with an offence because of something their addiction drove them to do, it is very important you help them find an experienced lawyer who understands and can help them navigate the criminal justice system. We have helped many clients and their families deal with criminal charges that stemmed from either impaired judgment as a result of drug use, or a need to support a drug habit. These types of offences can range anywhere from shoplifting to prostitution to violent robberies, and everything in between.
Legal Help For Addiction In BC
We have extensive experience helping still-suffering addicts and their families deal with all types of allegations whether small property crime or serious violent crime. The accused person will need experienced counsel to help in assessing the strength of the Crown’s case against them, negotiating a fair resolution which takes into account their reduced moral culpability as a result of their disease, or conducting a trial. Their counsel will need to be experienced in making submissions to the court regarding how addiction effects a person’s ability to appreciate consequences and control their impulses. Often, we will also assist in getting our clients into treatment centres or recovery houses as a way of resolving their criminal matters in a more constructive and restorative way.
Call Filkow Law
Our approach to assisting addicted clients and their families is to focus on the connection between their disease and their criminal behavior. They have not done what they have done because they are bad; it is because they are sick. We want to help get their lives on track while minimizing the impact and consequences of their criminal charges on their future.
If you or a friend or family member is in this type of situation, we can help. For any questions, please call our criminal law firm and one of our experienced lawyers will be happy to assist.
Mar 16, 2018
False Statements and ICBC
“ICBC says I gave a false statement. Can they breach my insurance?”
One way in which ICBC can treat you as being in “breach” of your auto insurance is if they think you provided a false statement. For example, if you get into an accident but misrepresent the truth of what happened to ICBC, they may have grounds to deny you insurance coverage respecting any damages (to persons or property) that you have caused with your vehicle.
ICBC Insurance Breach: False Statements
There are certain principles governing the definition of a false statement. ICBC must prove that what you said was a “wilful false statement.” They must prove that the statement was done intentionally, knowingly, and purposely, without justifiable excuse. They must also prove that the statement was material to the management or payment of the claim by being capable of affecting the mind of the insurer, either in the management of the claim or in deciding to pay it. The involvement of alcohol, for example, will likely be material to ICBC and affect the handling of a claim.
Not everything will constitute a false statement, however. A statement made carelessly, thoughtlessly, or inadvertently is not necessarily false. The same goes for if the insured who provided the statement had an honest belief in the truth of the statement’s contents.
Keep in mind that if you are involved in an accident, section 73 of the Insurance (Vehicle) Act Regulations requires the insured to provide prompt written notice of the circumstances of the accident. If you want advice on how to report an accident, contact Filkow Law today.
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.
Jan 07, 2018
Personal Injury Damages
I got injured in an accident. What’s my claim worth?
The answer depends on two things: fault and damages. If you can prove the
other person caused the accident, then you will be entitled to damages. But
how much?
Again, it depends. There are different types of damages that may comprise a
personal injury claim. Some are valued quantitatively: i.e., on the
approximate monetary value of the loss (such as the income you couldn’t earn
as a result of your inability to work post-accident). Others are valued by
qualitative factors and what courts in previous cases have awarded in
similar circumstances. Here’s a summary of some common types of damages.
Wage loss. If the accident causes you to be unable to work for some time,
and thus suffer a loss of income, then you can claim for your net wage loss.
You can also claim for future wage loss if you can prove that your
accident-related injuries might harm your ability to earn income down the
road.
Lost housekeeping capacity and in-trust claims. You may have a claim if
your accident-related injuries prevent you from taking care of household
chores (such as doing laundry or shopping for groceries), or if someone has
to take special care of you because your injuries prevent you from caring
for yourself.
Special damages. These are any out-of-pocket expenses you incur as a result
of the accident or your injuries from it. Examples include taxi fare from
having to take a cab home from the accident scene, user fees for medical
treatment, or bus tickets because the accident prevented you from driving
yourself around town.
Future cost of care. If your injuries are going to require you to seek
specific medical care or treatment into the future, then you can claim for
it.
General damages. Also known as “non-pecuniary damages,” this is the most
common basis for getting paid in a personal injury claim. This is money
intended to compensate you for your pain, suffering, and loss of enjoyment
of life. There is no mathematical basis for calculating this number. Every
case is different, and valuing the measure of general damages requires an
analysis of many factors, including your age, the severity and duration of
your injuries (both physical and mental), and whether the accident causes
any disability. Your previous lifestyle is also relevant: if your injuries
impair your ability to enjoy recreational or social activities, or your
personal relationships with friends, family, or significant others, then
that will inform your general damages claim.
Note that damages can be hard to assess. When fighting over damages at
trial, the plaintiff’s lawyer argues why his or her client should be
entitled to the highest possible amount of damages, while the defendant’s
lawyer argues why the plaintiff should only get a fraction of that amount.
The defence may also argue why some damages shouldn’t be awarded at all.
The court then decides what to award.
If you negotiate with ICBC, expect them to pay you something for your
losses. But don’t expect the adjusters to assess the damages with your best
interests in mind. It’s not their job.
For advice on what heads of damages you might be entitled to after an
accident, call Filkow Law for an initial consultation.