Impaired Driving - Revision history

Drew Jackson at 18:59, 25 September 2023

2023-09-25T18:59:06Z

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	{{REVIEWEDPLS \| reviewer = [https://vancouvercriminallaw.com/criminal-lawyers-vancouver-richmond-surrey-victoria/paul-doroshenko/ Paul Doroshenko QC], Acumen Law Corporation\|date= February 2019}} {{Dial-A-Law TOC\|expanded = crime}}		{{REVIEWEDPLS \| reviewer = [https://vancouvercriminallaw.com/criminal-lawyers-vancouver-richmond-surrey-victoria/paul-doroshenko/ Paul Doroshenko KC], Acumen Law Corporation\|date= February 2019}} {{Dial-A-Law TOC\|expanded = crime}}
	'''Impaired driving''' is a serious offence with complex legal and technical issues, as well as significant penalties if you’re convicted. Learn what to expect if you’re charged with impaired driving.		'''Impaired driving''' is a serious offence with complex legal and technical issues, as well as significant penalties if you’re convicted. Learn what to expect if you’re charged with impaired driving.

Drew Jackson: /* Can I challenge a driving prohibition issued by the police? */

2023-09-25T18:56:46Z

Can I challenge a driving prohibition issued by the police?

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	Yes. Police send a copy of any driving prohibition notice they issue to ICBC to be placed on your driver’s record. You can ask RoadSafetyBC for a '''review''' of a driving prohibition. You must apply '''within seven days''' of when you get the notice of prohibition.		Yes. Police send a copy of any driving prohibition notice they issue to ICBC to be placed on your driver’s record. You can ask RoadSafetyBC for a '''review''' of a driving prohibition. You must apply '''within seven days''' of when you get the notice of prohibition.

	To ask for the review, [https://www.icbc.com/locators/Pages/default.aspx you fill in an application form available at any ICBC driver licensing office]. You must also pay a fee that depends on whether you make your case in writing or orally. A decision will usually be made within 21 days of when you got the prohibition notice. [https://www2.gov.bc.ca/gov/content/transportation/driving-and-cycling/driving-prohibitions-suspensions/disputes-appeals-reviews The grounds to dispute the prohibition vary depending on the type of prohibition]. The possible defences are not limited to the grounds to dispute. An expert on police procedure may be available through a lawyer to provide evidence in your case. Close to a quarter of immediate roadside prohibitions are '''revoked''' (cancelled) on review.		To ask for the review, [https://www.icbc.com/locators/Pages/default.aspx you can fill in an application form available at any ICBC driver licensing office] or [https://www2.gov.bc.ca/gov/content/transportation/driving-and-cycling/roadsafetybc/prohibitions/apply-online apply online]. You must also pay a fee that depends on whether you make your case in writing or orally. A decision will usually be made within 21 days of when you got the prohibition notice. [https://www2.gov.bc.ca/gov/content/transportation/driving-and-cycling/driving-prohibitions-suspensions/disputes-appeals-reviews The grounds to dispute the prohibition vary depending on the type of prohibition]. The possible defences are not limited to the grounds to dispute. An expert on police procedure may be available through a lawyer to provide evidence in your case. Close to a quarter of immediate roadside prohibitions are '''revoked''' (cancelled) on review.

	During the review process, you are still prohibited from driving.		During the review process, you are still prohibited from driving.

Elena Renderos: /* If you fight the criminal charges in court */

2020-09-15T03:05:14Z

If you fight the criminal charges in court

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	===If you fight the criminal charges in court===		===If you fight the criminal charges in court===
	In responding to impaired driving-related charges under the Criminal Code, you must decide how to plead. [[Pleading Guilty to a Criminal Charge\|Pleading guilty means you accept responsibility for the offence]]. Pleading “not guilty” means the court will set a '''trial'''.		In responding to impaired driving-related charges under the Criminal Code, you must decide how to '''plead'''. [[Pleading Guilty to a Criminal Charge\|Pleading guilty means you accept responsibility for the offence]]. Pleading “not guilty” means the court will set a '''trial'''.

	At the trial, the prosecutor must prove beyond a reasonable doubt that you committed the offence.		At the trial, the prosecutor must prove beyond a reasonable doubt that you committed the offence.

Elena Renderos: /* If you are stopped by the police */

2020-09-15T03:04:00Z

If you are stopped by the police

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	You don’t have the right to speak to a lawyer before you decide whether to blow into a roadside screening device — you have to decide right away whether to blow. Refusing to blow or to provide a sample suitable for the screening device can lead to a driving prohibition or a criminal charge. It is highly advisable to make your best attempt to blow.		You don’t have the right to speak to a lawyer before you decide whether to blow into a roadside screening device — you have to decide right away whether to blow. Refusing to blow or to provide a sample suitable for the screening device can lead to a driving prohibition or a criminal charge. It is highly advisable to make your best attempt to blow.

	~~Tip~~

	{\| class="wikitable"		{\| class="wikitable"

Elena Renderos at 03:03, 15 September 2020

2020-09-15T03:03:12Z

Show changes

Elena Renderos: Elena Renderos moved page Impaired Driving (No. 190) to Impaired Driving: Removing recording numbers from page names

2020-09-12T00:44:32Z

Elena Renderos moved page Impaired Driving (No. 190) to Impaired Driving: Removing recording numbers from page names

← Older revision	Revision as of 00:44, 12 September 2020
(No difference)

Drew Jackson at 20:36, 25 March 2019

2019-03-25T20:36:10Z

← Older revision		Revision as of 20:36, 25 March 2019
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	{{REVIEWEDPLS \| reviewer = [https://vancouvercriminallaw.com/criminal-lawyers-vancouver-richmond-surrey-victoria/paul-doroshenko/ Paul Doroshenko QC], Acumen Law Corporation\|date= February 2019}} {{Dial-A-Law TOC\|expanded = crime}}		{{REVIEWEDPLS \| reviewer = [https://vancouvercriminallaw.com/criminal-lawyers-vancouver-richmond-surrey-victoria/paul-doroshenko/ Paul Doroshenko QC], Acumen Law Corporation\|date= February 2019}} {{Dial-A-Law TOC\|expanded = crime}}
	Impaired driving is a serious offence with complex legal and technical issues, as well as significant penalties if you’re convicted. Learn what to expect if you’re charged with impaired driving.		'''Impaired driving''' is a serious offence with complex legal and technical issues, as well as significant penalties if you’re convicted. Learn what to expect if you’re charged with impaired driving.

	==Understand your legal rights==		==Understand your legal rights==
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	:Web: [https://www.icbc.com/driver-licensing/tickets/Pages/Driver-Risk-Premium.aspx icbc.com]		:Web: [https://www.icbc.com/driver-licensing/tickets/Pages/Driver-Risk-Premium.aspx icbc.com]


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Elena Renderos at 06:19, 24 March 2019

2019-03-24T06:19:21Z

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	{{~~Dial~~-A-Law ~~Blurb~~}}		{{REVIEWEDPLS \| reviewer = [https://vancouvercriminallaw.com/criminal-lawyers-vancouver-richmond-surrey-victoria/paul-doroshenko/ Paul Doroshenko QC], Acumen Law Corporation\|date= February 2019}} {{Dial-A-Law TOC\|expanded = crime}}

	{{Dial-A-Law TOC\|expanded = ~~autos~~}}
	Impaired driving is a serious offence with complex legal and technical issues, as well as significant penalties if you’re convicted. Learn what to expect if you’re charged with impaired driving.		Impaired driving is a serious offence with complex legal and technical issues, as well as significant penalties if you’re convicted. Learn what to expect if you’re charged with impaired driving.

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	===If you fight the criminal charges in court===		===If you fight the criminal charges in court===
	In responding to impaired driving-related charges under the ''Criminal Code'', you must decide how to '''plead'''. [[Pleading Guilty to a Criminal Charge (~~Script~~ 212)\|Pleading guilty]] means you accept responsibility for the offence. Pleading “not guilty” means the court will set a '''trial'''.		In responding to impaired driving-related charges under the ''Criminal Code'', you must decide how to '''plead'''. [[Pleading Guilty to a Criminal Charge (No. 212)\|Pleading guilty]] means you accept responsibility for the offence. Pleading “not guilty” means the court will set a '''trial'''.

	At the trial, the prosecutor must prove beyond a reasonable doubt that you committed the offence.		At the trial, the prosecutor must prove beyond a reasonable doubt that you committed the offence.
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	====Insurance premiums====		====Insurance premiums====
	An impaired driving-related conviction under the ''Criminal Code'' means you will pay more in vehicle insurance premiums, under an ICBC program called '''driver risk premiums'''. This program applies to more serious driving offences. For more, see our information on [[The Points System and ICBC (~~Script~~ 187)\|the points system and ICBC (no. 187)]].		An impaired driving-related conviction under the ''Criminal Code'' means you will pay more in vehicle insurance premiums, under an ICBC program called '''driver risk premiums'''. This program applies to more serious driving offences. For more, see our information on [[The Points System and ICBC (No. 187)\|the points system and ICBC (no. 187)]].

	====Criminal record====		====Criminal record====
	A conviction under the ''Criminal Code'' stays on your criminal record and driving record forever. After some time, you can usually ask for a [[Criminal Records and Record Suspensions (~~Script~~ 205)\|record suspension]], which limits access to your criminal record, but even that won’t erase the conviction from your record.		A conviction under the ''Criminal Code'' stays on your criminal record and driving record forever. After some time, you can usually ask for a [[Criminal Records and Record Suspensions (No. 205)\|record suspension]], which limits access to your criminal record, but even that won’t erase the conviction from your record.

	==Common questions==		==Common questions==
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	:Web: [https://www.icbc.com/driver-licensing/tickets/Pages/Driver-Risk-Premium.aspx icbc.com]		:Web: [https://www.icbc.com/driver-licensing/tickets/Pages/Driver-Risk-Premium.aspx icbc.com]



	~~[updated February 2019]~~

	'''The above was last reviewed for legal accuracy by [https://vancouvercriminallaw.com/criminal-lawyers-vancouver-richmond-surrey-victoria/paul-doroshenko/ Paul Doroshenko QC], Acumen Law Corporation.'''

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	{{Dial-A-Law Copyright}}		{{Dial-A-Law Copyright}}

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Drew Jackson: Drew Jackson moved page Drinking and Driving (Script 190) to Impaired Driving (No. 190): align with new Dial-A-Law website

2019-03-22T16:01:24Z

Drew Jackson moved page Drinking and Driving (Script 190) to Impaired Driving (No. 190): align with new Dial-A-Law website

← Older revision	Revision as of 16:01, 22 March 2019
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Dial-A-Law: /* Criminal record */

2019-03-05T05:15:53Z

Criminal record

← Older revision		Revision as of 05:15, 5 March 2019
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	====Criminal record====		====Criminal record====
	A conviction under the ''Criminal Code'' stays on your criminal record and driving record forever. After some time, you can usually ask for a [~~http://dialalaw.peopleslawschool.ca/criminal-records-~~and~~-record-suspensions/~~ record suspension], which limits access to your criminal record, but even that won’t erase the conviction from your record.		A conviction under the ''Criminal Code'' stays on your criminal record and driving record forever. After some time, you can usually ask for a [[Criminal Records and Record Suspensions (Script 205)\|record suspension]], which limits access to your criminal record, but even that won’t erase the conviction from your record.

	==Common questions==		==Common questions==