Driving Offences
Driving Offences
At Mickelson & Whysall, we defend clients accused of driving offences in British Columbia, from straightforward traffic violations to serious allegations involving bodily harm and death.Â
 What can we do for you?
We also help those who face driving suspensions and prohibitions. We can apply our expertise to save your licence.Â
Our lawyers are on hand to help you from the very start. We can represent you at the police station, explain your legal rights and challenge the evidence. We can then devise the best defence strategy, prepare your case and represent you in the courtroom.Â
For most people, dealing with a driving offence is not something that happens every day. We understand that this is a stressful experience for you, and will support you throughout the process.
We have successfully defended offences such as impaired driving, dangerous driving, hit and run, driving without care and attention, and much more besides. As driving lawyers, we know only too well how important your licence is to you. We do everything we can to succeed in your defence.
Driving offences we can help you with
1. IRP
Immediate roadside prohibitions (IRPs) can last between three and 90 days. IRPs are given when a driver fails or refuses to comply with a breath test, or has a reading of between 0.05 and 0.08 on a breath test.Â
Read 5 FAQs about Immediate Roadside Prohibitions on our blog.
2. IRP Judicial Review
An IRP Judicial Review is your last chance to overturn an immediate roadside prohibition. If you lose your IRP hearing, a Judicial Review is an opportunity to appeal that decision and get it overturned.Â
3. Impaired driving
Impaired driving means that your ability to safely operate a vehicle has been compromised by your consumption of alcohol, drugs, or both. The best line of defence depends on the circumstances of your case. Impaired driving is commonly called driving under the influence or âDUIâ.
Read more about the charges for impaired driving, and how we successfully defended one of our clients who was accused of impaired driving.
4. Driving over .08
Driving over .08 is similar to impaired driving, but specifically means that you have blown over .08 on a breath test, which is the drink drive limit in British Columbia. People often assume that there is no point in challenging an accusation of driving over .08. However, these cases are often won on technical grounds, such as inadmissible evidence. It may also be possible to get the charge reduced to one of driving without due care and attention.
5. Dangerous driving
Dangerous driving can lead to a range of penalties, from a fine to five yearsâ imprisonment. Causing bodily harm or death by dangerous driving increases the penalty significantly. Given the seriousness of the situation, it is vital that you have an experienced lawyer by your side.
6. Hit & run
A driver will be charged with a hit and run offence if they are involved in a road traffic accident but they fail to stop and provide their details. The penalties increase where the driver fails to stop, despite knowing that actual bodily harm was caused.
7. Superintendent prohibitions
A superintendent prohibition is when the Superintendent of Motor Vehicles decides to issue a driving ban on account of a poor driving record. You only have 21 calendar days to apply for a review, so you need to act quickly if you want to keep your licence.
8. Referrals to remedial programs
You might be referred to a remedial program following a 90 day immediate roadside prohibition. These programs include the Ignition Interlock Program and the Responsible Driver Program. We can help you challenge this referral by submitting a âreconsiderationâ.
9.Traffic tickets
Traffic tickets are given for alleged traffic violations such as running a red light or driving without insurance. You only have 30 days to dispute the alleged violation. Otherwise, you are deemed to have plead guilty.
Find out more about disputing traffic tickets.Â
Â
Where can we defend you?
We defend clients who are accused of driving offences in British Columbia. Our office is near the courtroom in downtown Vancouver, but we also represent clients across the Lower Mainland in Richmond, Surrey, Port Coquitlam, Langley and beyond.
If you have been accused of a motor offence in B.C., please contact us at Mickelson & Whysall Law Corporation today. We are available 24/7. We deal with all driving offences under the Criminal Code and the Motor Vehicle Act.
Our experienced team
We have a highly experienced team of defence lawyers.
Megan Forhan has been recognised as one of the top three DUI lawyers in Vancouver, and is described as a âwell-established criminal attorneyâ who is âskilled at finding the weakness in the prosecutionâs caseâ.
Joel Whysall has been recommended by the Doyles Guide, a definitive list of leading British Columbia criminal lawyers.
Cathryn Moore, Brian Mickelson, Julie Audette and Aya Tubinshlak also represent clients charged with motor offences. Each is highly knowledgeable and has extensive success in this area of the law.
Get expert legal advice
If you have been charged with a motor offence in British Columbia, contact us now at Mickelson & Whysall Law Corporation. Having a local expert makes all the difference in these cases. We know what it takes to defend a driving charge. We will apply our expertise to get the best possible outcome in your case.
Our advice is always to drive safely, and to find alternative modes of transport if you are under the influence of alcohol, drugs, or otherwise impaired. If it is too late and you have already been accused of an offence, the next best thing is to get an experienced lawyer on your side. It can be difficult to find a good criminal defence attorney. With us, you can rest assured that your case is in safe hands
For further information or for a free initial consultation, please contact our Vancouver law office.