If you are caught driving while under a prohibition, you will be arrested and charged for driving while prohibited and given a mandatory court date at the Provincial Court.
The Superintendent of Motor Vehicles in British Columbia has the authority to prohibit individuals from driving for various reasons, including an unsatisfactory driving record (ie. Too many points), impaired driving offences, or failure to complete mandatory driving programs.
Is driving while prohibited a criminal offence in British Columbia?
Driving while prohibited is an offense under section 95 of the Motor Vehicle Act.
While it is not classified as a criminal offense, the consequences can be severe, making it essential to seek legal representation from lawyers experienced in this area.
The potential penalties for driving while prohibited include:
- Fines: Driving while prohibited can lead to a fine between $500 and $2,000 for a first offence.
The fine amount may increase for repeat offenses. - Jail Time: While it is not a criminal charge, driving while prohibited can still result in up to six months in jail for repeat violations and mandatory 14 day jail sentence on a second conviction, depending on the circumstances,
- Vehicle Impoundment: The vehicle you are driving may be immediately impounded for at least seven days.
For subsequent offenses, the impoundment period could be extended to 30 days or more. - Driving Prohibition: If convicted, there is a mandatory one year driving prohibition that is imposed by the Courts pursuant to s.98 of the Motor Vehicle Act.
For repeat offenders the driving prohibition can be longer. - Points on Driving Record: A conviction adds 10 penalty points to your driving record.
This will lead to Driver Risk Penalty Points of $1,108 each year, over a three year period. - Insurance and Financial Consequences: If you are in an accident while driving prohibited, your insurance may be invalid, leaving you financially liable for any damages or injuries caused.
The lawyers at Mickelson, Whysall & Moore Law Group specialize in defending serious driving offences, including driving while prohibited, and are skilled at negotiating favorable resolutions with Crown Counsel. Our goal is to help you avoid the significant consequences that come with a guilty plea for driving while prohibited. We recognize that maintaining a valid driver’s license is essential for many individuals, especially for employment, attending school, and supporting a family.
Several legal defences available for driving while prohibited
One defense is the defense of knowledge.
The Crown Counsel must prove beyond a reasonable doubt that you were aware of your driving prohibition.
There can be instances where confusion arises due to the timing of the prohibition or incorrect information being provided at the roadside, which could result in an acquittal at trial.
Additionally, if the original driving prohibition was issued unlawfully or was illegal, this can be challenged to invalidate the prohibition entirely.
At Mickelson, Whysall & Moore Law Group, we will thoroughly review your case to develop the most effective strategy for your defense, ensuring you have the best possible outcome. Contact us today!
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