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

Jul 16, 2022

Filkow Law Welcomes New Lawyer Georges Prat

Filkow Law welcomes lawyer Georges Prat to our legal team. Georges obtained his LLB from Cardiff University in 2015. At university, he excelled in criminal law and mooting. He won the 2nd year mooting competition at the UK’s Supreme Court in front of a Supreme Court justice. The following year, he was elected to the Student’s Law Society’s Executive Board as Master of the Moots.

As a natural barrister, Georges sought to work in the area of law most suited to court advocacy: criminal law. Upon returning to Canada, he articled at The Law Office of Alexander Ejsmont, a sole practising criminal law firm that had previously been based out of Toronto. He practised on his own for several years before eventually joining Filkow Law. Georges has appeared at all court levels in B.C., including in the Supreme Court of BC during one of the lengthiest murder trials in the history of the province, securing an acquittal for his client as junior counsel. Georges is also a member of the Canadian Bar Association, the Criminal Defence Advocacy Society, and the Trial Lawyer’s Association of BC. He prides himself on thoroughly advising clients and a high attention to detail.

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 Filkow Law 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 case ever sees a day in court.

If you find yourself being investigated or charged with a criminal law offence in British Columbia, call Georges Prat today.

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Jun 24, 2022

British Columbia Drug Decriminalization in 2023

On April 14, 2016, Dr. Perry Kendall, Provincial Medical Health Officer declared a public health emergency under the BC Public Health Act in response to increasing overdoses and overdose deaths in our province.

British Columbia Drug Decriminalization 2023

In an effort to reduce the number of deaths caused by overdoses of controlled substances, the federal Minister of Mental Health and Addictions and Associate Minister of Health granted the province of British Columbia’s request for an exemption under the Controlled Drugs and Substances Act allowing adults to possess small amounts of some controlled substances for personal use without fear of criminal prosecution.

From January 31, 2023, to January 31, 2026, adults (18 and over) in BC will be exempt from criminal charges for possessing a cumulative maximum 2.5 grams of the following substances:

Opium, including heroin and fentanyl.
Cocaine.
Methamphetamine, but not its salts.
MDMA.

There are two important conditions for the exemption to apply. First, possession of these substances must only be for personal use. This means there must be no intent to traffic, export, produce or manufacture the substance. Second, if the substance is possessed on a boat, a train, or a motor vehicle operated by an adult, the substance must not be readily accessible to the driver or operator.

The exemption from prosecutions does not apply in the following circumstances:

on K-12 school premises;
on child care facility premises;
in airports;
in a motor vehicle that is driven or operated by a minor, whether or not the vehicle is in motion; and
in a watercraft that is operated by a minor, whether or not the watercraft is in motion.

British Columbia Drug Decriminalization: Next Steps

The stigma associated with substance use can lead people to use in riskier ways. Individuals found in possession of substances listed in the exemption will be provided with information on available local health and social services and can also be provided with assistance to connect with those services. The decision to exempt users from criminal prosecution in British Columbia will allow users to seek and obtain assistance and reduce the number of lives lost to overdoses.

If you are being investigated or have been charged with a drug offence, contact the experienced lawyers at Filkow Law for legal assistance.

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May 20, 2022

Understanding Assault Charges in Canada

Allegations of assault offences are very common. From pushing and shoving to punching and kicking, assault is the most common type of violent crime. This article outlines the different types of assaults recognized in Canadian law and provides some explanation of each.

What is an Assault Offence?

Assault is defined as the intentional application of force to another person, directly or indirectly, without that other person’s consent. Simply put, an assault occurs as soon as person A touches person B without person B’s consent. Any unwanted touching is an assault. There are a few features of assault that are important to understand.

First, the application of force must be intentional. If person A accidentally touches person B, then they have not committed an assault. Tripping and falling into another person, bumping into them while distracted, and being pushed into someone by a third party are not assaults because the application of force was unintentional.

Second, as set out in the definition, the application of force can be indirect. Suppose person A intentionally pushes person B into person C. In this scenario, person A is responsible for assaulting both person B and person C. Person A assaulted person B because he directly applied force to person B, and person A also assaulted person C because he indirectly applied force to person C by pushing person B into person C.

Is tapping someone on the shoulder assault?

Third, any physical contact without consent that is more than trifling is an assault. Only the most minor and trifling physical contact is not an assault. For example, if person A taps person B’s shoulder to get their attention, person A has not committed an assault because the touching is so minor.

Assault is also defined as “an attempt or threat, by any act or a gesture, to apply force to another person, that causes the other person to reasonably believe that the person will apply force to them”. This means an assault can be committed even when there is no physical contact. An act or gesture can be an assault. An example of this occurs when person A raises their fist to person B in a way that makes person B reasonably believe he is about to be punched. In this example, person A has assaulted person B even though there was no physical contact.

A conviction for assault can result in a criminal record, a jail sentence and other consequences.

Assault With a Weapon

Assault with a weapon is defined as an assault where a person “carries, uses or threatens to use a weapon or an imitation thereof”.

Assault with a weapon shares the essential elements of an assault with the addition of a weapon. A “weapon” is defined as “any thing used, designed to be used or intended for use: (a) in causing death or injury to any person, or (b) for the purpose of threatening or intimidating any person”.

The law recognizes some items as weapons. For example, firearms, switch blades, stilettos, butterfly knives and brass knuckles. These are all weapons because they are designed to cause death or injury.

But depending on the context, anything – from a cell phone to a water bottle to a stapler – can become a weapon. Whether a thing is a weapon is defined by its context. Suppose during an argument person A grabs a stapler and hits person B with it. In this scenario, person A assaulted person B with a weapon. The stapler was simply a stapler until it was used in an assault. Once used to hit person B, the stapler became a weapon.

Assault Causing Bodily Harm

An assault causing bodily harm is defined as an assault that results in bodily harm. “Bodily harm” is defined as “any hurt or injury to a person that interferes with the health or comfort of the person and that is more than merely transient or trifling in nature”. The threshold for bodily harm is low. It includes injuries such as bruising and cuts.

Assault causing bodily harm is defined by its outcome and not its intention. For example, suppose person A punches person B and person C at separate times but in an identical manner. Person B is cut by the punch and person C is not. Even though the act of punching was the same in each case, person A committed assault causing bodily harm against person B because person B was cut. It does not matter whether person A intended the cut to happen.

Assault causing bodily harm is more serious than an assault without bodily harm and can result in a more significant sentence on conviction.

Aggravated Assault

Aggravated assault is defined as an assault that “wounds, maims, disfigures or endangers the life of the complainant”. This means that there are effectively four separate kinds of aggravated assaults: those that wound; those that maim; those that disfigure; and, those that endanger life.

A “wound” is defined as “a break in the continuity of the whole skin that constitutes serious bodily harm”. A stabbing meets the definition of a wound.

“Maim” means “the loss of the use of some body part or some bodily function”. Breaking someone’s arm or leg is maiming. The loss of use of this body part or function does not need to be permanent to constitute maiming.

“Disfigurement” is an injury that has a long-lasting and significant effect on the appearance or beauty of a person. Examples include scarring as a result of cuts, acid or burns. A temporary effect on a person’s appearance, such as a bruise or a black eye, is not a disfigurement.

“Endangering” means to endanger a person’s life as a result of a completed assault. The following two examples help illustrate the definition:

Person A pushes person B on a 4th-floor balcony causing person B to go over the railing. Person B manages to hang on. Person B is not harmed but his life was put in danger as a result of the assault.
Person A pushes person B into a busy intersection with many fast-moving vehicles. Person B is fortunate that the drivers see him and avoid a collision.

In both cases, the assault itself did not result in any harm or injury, but the person’s life was put in danger by the assault.

Aggravated assault is more serious than assault causing bodily harm and will usually attract a jail sentence upon conviction.

Domestic Assault

Domestic or spousal assault refers to any form of assault against an intimate partner or a family member. A domestic assault is an aggravating circumstance on sentence if convicted. An “intimate partner” is defined as a “current or former spouse, common-law partner and dating partner”. Any assault against a girlfriend or boyfriend is a domestic assault.

Domestic assaults require special consideration for a few reasons.

First, an allegation of a domestic assault will routinely result in an accused person being put on conditions not to go to near their partner and not to contact their partner. There are limited exceptions. This can be challenging when a couple lives together or coparents children.

Second, domestic assaults may overlap with family court proceedings. A decision in one case may affect the other. This requires coordination between a family lawyer and a criminal lawyer.

Third, if the couple has children, the Ministry of Children and Family Development may send a social worker to investigate and make decisions about where a child should live or whether a protection order is required. The Ministry has the authority to impose their own conditions separate from the police and the court based on the best interests of the children.

Uttering Threats

Uttering threats is defined as “knowingly uttering, conveying, or causing any person to receive a threat (a) to cause death or bodily harm to any person; (b) to burn, destroy or damage real or personal property; or (c) to kill, poison or injure an animal or bird that is the property of any person”. In other words, three specific types of threats are prohibited: threats to kill or harm someone; threats to damage property; and threats to injure a pet.

Allegations Of Assault Offences

Allegations of assault and uttering threats can be complex and serious. The lawyers at Filkow Law have extensive experience in defending people from these types of charges. If you find yourself being investigated or charged with this type of offence, call us immediately.

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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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