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Driving Prohibitions

Driving is a Privilege, not a Right

The Supreme Court of Canada has ruled clearly that driving a vehicle is a privilege and not a right. Provincial Governments have the jurisdiction to regulate driving, and in British Columbia this is done through ICBC/RoadSafetyBC. RoadSafetyBC is responsible for regulating British Columbia’s 3.2 million active drivers with respect to issues such as driving prohibitions or suspensions, vehicle impoundments, and driver improvement requirements such as the Remedial Driving Program and Ignition Interlock Program. The Superintendent of Motor Vehicles, through the Motor Vehicle Act, is the administrative authority that regulates driving with a view to reducing the risk factors that lead to motor vehicle crash fatalities and injuries. Under the MVA, the Superintendent has statutory authority to:

  • Prohibit a person from driving based on an unsatisfactory driving record, on the foundation of an accumulation of penalty demerit points for traffic violations; and to
  • Require drivers to participate in remedial driving programs such as the Responsible Drivers Program or the Ignition Interlock Program.

Receiving a Notice of Intent to Prohibit

When drivers are convicted of a Motor Vehicle Violation Ticket, in addition to a prescribed fine, the driver will be assessed a number of penalty demerit points. For example, a driver convicted of making an improper left-hand turn will be assessed 2 points; a driver convicted of speeding will receive 3 points and a driver convicted of using an electronic device will receive 4 points. When drivers reach a certain threshold (based on their type of license and prior driving history) the Superintendent of Motor Vehicles will send them a “Notice of Intent to Prohibit” for a period of 1 month to 24 months or more. Receiving such a letter can be devastating news for people who must drive for work or family purposes. Fortunately, RoadSafetyBC does have an appeal process as part of their Driver Improvement Program. We have a history of success in conducting these appeals and can help you with your Application for Review of an intended driving prohibition.

Recent Successes

R. vs. R.C. – Surrey Provincial Court

Charge: Criminal Harassment; Breach of a recognizance.
Issue: Whether it was appropriate to resolve this domestic harassment by ending the criminal prosecution.
Result: Mr. Gauthier was able to persuade Crown counsel to stay the criminal charges upon. our client entering into a Peace Bond for a period of 12 months. No criminal record.

R. vs. R.N. – RCMP Investigation

Charge: Possession of child pornography.
Issue: Whether police would be able to prove that our client was the only person that had access to the IP address on which the unlawful material was downloaded.
Result: Mr. Mines provided information to the police investigator that led the investigator to close the file with no charges recommended against our client. No jail. No criminal record.

R. vs. D. K. – Vancouver Provincial Court

Charges: Assault; Uttering Threats.
Issue: Whether it was appropriate for the court to enter a conviction.
Result: Mr. Gauthier was able to steer our client through a course of rehabilitation and was able to persuade Crown counsel and the Court to grant our client a conditional discharge.  No criminal conviction.

R. vs. T. F. – Surrey Provincial Court

Charge: Breach of Probation (no contact).
Issue: Whether the Crown could prove that our client intended to breach the "no contact" order that he was subject to.
Result: Mr. Mines was able to persuade Crown counsel that our client bumped into the complainant accidentally. Crown counsel entered a stay of proceedings, bringing the matter to an end. No criminal record.

R. vs. T.X. – Insurance Fraud Investigation.

Charge: Assault (domestic).
Issue: In light of the rehabilitative steps our client completed, whether there was a public interest in proceeding with this child discipline/assault case.
Result: Mr. Mines was able to rely on the extraordinary circumstances of the case and our client's commitment to ongoing family counselling. He was able to persuade Crown counsel to enter a stay of proceedings. No criminal record.

R. vs. A.M. – Vancouver Provincial Court

Charge: Assault (domestic).
Issue: In light of the rehabilitative steps our client completed, whether there was a public interest in proceeding with this child discipline/assault case.
Result: Mr. Mines was able to rely on the extraordinary circumstances of the case and our client's commitment to ongoing family counselling. He was able to persuade Crown counsel to enter a stay of proceedings. No criminal record.

R. vs. S.L. – ICBC Investigation

Charges: Failing to remain at the scene of an accident.
Issue: Whether our client was obligated to provide a possibly incriminating  statement to the adjuster that could have led to criminal charges and a loss of  insurance coverage.
Result:  Mr. Mines was able to provide the required information to ICBC on our client's behalf. No charges were  recommended. No loss of insurance coverage.

R. vs. R. L. – New Westminster Supreme Court (jury).

Charge: Sexual Assault.
Issue: The credibility and reliability of the complainant and  our client who both testified in this historic sexual assault case.
Result: After  9 hours of deliberations, the jury was deadlocked and could not reach an unanimous decision. No conviction. The trial judge remitted the matter back to court to set a new trial.

R. vs. S.M.A. – Vancouver Provincial Court

Charge: Dangerous Driving Causing Bodily Harm.
Issue: Whether there was a substantial likelihood of a criminal conviction and whether it was in the public interest to proceed with a criminal charge.
Result: Mr. Johnson was able to persuade Crown counsel to proceed under the Motor Vehicle Act rather than the Criminal Code. After gearing Mr. Johnson's submissions, the Court sentenced our client to a $100 fine and a 3 year driving prohibition. No criminal record. No jail.

R. vs. S.G. – Coquitlam RCMP Investigation

Charge: Theft Under $5000 (shoplifting).
Issue: Whether it was in the public interest to proceed with a criminal prosecution.
Result: Mr. Gauthier was able to persuade the investigating RCMP member to not forward criminal charges after we settled the matter civilly on our client's behalf. No criminal record.

R. v. J.D. – Richmond Provincial Court

Charge: Assault.
Issue: Given the rehabilitative steps we were able to guide our client through, whether it was in the public interest to continue with the criminal prosecution.
Result: Mr.Johnson was able to persuade Crown counsel to refer our client to the Alternative Measures Program and to enter a stay of proceedings. No criminal record.  

R. vs. C.L. – Civil Fraud Investigation

Charge: Fraud/Theft from employer.
Issue: Whether it was in the public interest to proceed with criminal charges.
Result: Mr. Johnson was able to negotiate repayment on our client's behalf and obtained a civil release from the employer. No charges were forwarded to Crown counsel. No criminal record.

Application to Review a “Point Based” Driving Prohibition

When a conviction is enforced against a driver for any traffic violation ticket, including an alcohol-related roadside prohibition, RoadSafetyBC will review the driver’s record over the past 2 years. Generally, for drivers in the graduated licence program (an “L” or “N” driver) as little as 2 demerit points will trigger a Notice of Intent to Prohibit; for experienced drivers, anything more than 14 demerit points within a 2-year period will trigger a Notice of Intent to Prohibit. Additional factors, such as any alcohol-related convictions; any prior driving prohibitions or any convictions for “high risk” offences such as distracted driving or excessive speeding, will also apply and will generally trigger longer driving prohibitions.

We are experienced in understanding RoadSafetyBC’s Driver Improvement Program Policies and Guidelines. We are able to assist clients in applying to have an intended prohibition cancelled altogether or the prohibition period reduced. If you have received a Notice of Intent to Prohibit, it is imperative that you act quickly, because there is a 21-day time limit for a review of the prohibition. In order to make application for the review, we will meet with you and go over your personal circumstances and your driving record. We will essentially see how your situation fits into the policies set out by the Driver Improvement Program, and we will craft a compelling argument in an effort to cancel or reduce the driving prohibition that RoadSafetyBC intends to impose.

Start with a free consultation.

If you are being investigated by police or if you’ve been charged with a criminal or driving offence, don’t face the problem alone. Being accused of an offence is stressful. The prospects of a criminal record or jail sentence can be daunting. Even if you think there is no defence, we may be able to help. To schedule a free initial consultation with one of our Vancouver lawyers, contact us now.