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.
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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?
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.
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