3,009
edits
Difference between revisions of "Driving While Prohibited"
From Clicklaw Wikibooks
no edit summary
Dial-A-Law (talk | contribs) |
Dial-A-Law (talk | contribs) |
||
| Line 2: | Line 2: | ||
{{Dial-A-Law TOC|expanded = autos}} | {{Dial-A-Law TOC|expanded = autos}} | ||
This script explains [http://www.icbc.com/driver-licensing/tickets/Pages/Driver-prohibitions.aspx driving prohibitions] in BC. Then it explains what can happen if you are charged with driving a motor vehicle while prohibited from driving under the BC ''Motor Vehicle Act'' and the penalties if you are convicted. | This script explains [http://www.icbc.com/driver-licensing/tickets/Pages/Driver-prohibitions.aspx driving prohibitions] in BC. Then it explains what can happen if you are charged with driving a motor vehicle while prohibited from driving under the BC ''Motor Vehicle Act'' and the penalties if you are convicted. The script uses the words ''prohibitions'' and ''suspensions''. Usually, the Superintendent of Motor Vehicles '''suspends''' a driving privilege while a court '''prohibits''' someone from driving. But in reality, the two things are basically the same. | ||
==Types of driving prohibitions== | ==Types of driving prohibitions or suspensions== | ||
'''1. BC Superintendent of Motor Vehicles [http://www2.gov.bc.ca/gov/content/transportation/driving-and-cycling/driver-medical/improvement-programs-for-high-risk-drivers/administration-of-the-driver-improvement-program prohibition for poor driving record]''' | '''1. BC Superintendent of Motor Vehicles [http://www2.gov.bc.ca/gov/content/transportation/driving-and-cycling/driver-medical/improvement-programs-for-high-risk-drivers/administration-of-the-driver-improvement-program prohibition for poor driving record]''' | ||
:The BC Superintendent of Motor Vehicles can prohibit you from driving in any of the following cases (the government calls this Driver Improvement Program prohibitions): | :The BC Superintendent of Motor Vehicles can prohibit you from driving in any of the following cases (the government calls this Driver Improvement Program prohibitions): | ||
:*the Superintendent considers it in the public | :*the Superintendent considers it in the public interest—for example, if you have a bad driving record. | ||
:*your driver’s license was suspended in anther province or state. | :*your driver’s license was suspended in anther province or state. | ||
:*you don’t pay money, called damages, that a court orders for a vehicle accident in which you were the driver or vehicle owner. | :*you don’t pay money, called damages, that a court orders for a vehicle accident in which you were the driver or vehicle owner. | ||
:*you don’t take a medical exam that the Superintendent orders. | :*you don’t take a medical exam that the Superintendent orders. | ||
'''2. [http://www2.gov.bc.ca/gov/content/transportation/driving-and-cycling/driving-prohibitions-suspensions/prohibitions-and-suspensions/alcohol-and-drug-related-suspensions#24hour 24-hour prohibition]''' | '''2. [http://www2.gov.bc.ca/gov/content/transportation/driving-and-cycling/driving-prohibitions-suspensions/prohibitions-and-suspensions/alcohol-and-drug-related-suspensions#24hour 24-hour roadside prohibition]''' | ||
:If you have care or control of a vehicle and the police have reasonable grounds to believe that your ability to drive is affected by alcohol or drugs, they may: | :If you have care or control of a vehicle and the police have reasonable grounds to believe that your ability to drive is affected by alcohol or drugs, they may: | ||
:*require you to remove your vehicle from the road. | :*require you to remove your vehicle from the road. | ||
| Line 20: | Line 20: | ||
:*impound your vehicle (have it towed) to prevent you from driving during the 24-hour prohibition. | :*impound your vehicle (have it towed) to prevent you from driving during the 24-hour prohibition. | ||
:If the police give you this prohibition without testing your breath, you can ask them to test your breath with an approved roadside-screening device (ASD). If your blood-alcohol level is not over 50 milligrams per 100 milliliters of blood, the police have to cancel the prohibition. But if your blood-alcohol level is over 50 milligrams, you face much more than a 24-hour | :If the police give you this prohibition without testing your breath, you can ask them to test your breath with an approved roadside-screening device (ASD). If your blood-alcohol level is not over 50 milligrams per 100 milliliters of blood, the police have to cancel the prohibition. But if your blood-alcohol level is over 50 milligrams, you face much more than a 24-hour prohibition—check script [[Drinking and Driving (Script 190)|190]], called “Drinking and Driving”. | ||
:If the prohibition is because of alcohol, you can ask the Superintendent to review the prohibition. You have to do that in writing, within 7 days of getting the notice. The Superintendent can cancel the prohibition only in 2 cases: if you were not the driver or you did not have care or control of the vehicle or if the police failed to test your blood alcohol when you asked. | :If the prohibition is because of alcohol, you can ask the Superintendent to review the prohibition. You have to do that in writing, within 7 days of getting the notice. The Superintendent can cancel the prohibition only in 2 cases: if you were not the driver or you did not have care or control of the vehicle or if the police failed to test your blood alcohol when you asked. | ||
| Line 48: | Line 48: | ||
:And you also have to pay a penalty and a license reinstatement fee, enroll in a responsible driver program and install an ignition interlock device in your vehicle. Both these things cost a lot more. The police may also arrest you and take you to the police station for further breath testing. | :And you also have to pay a penalty and a license reinstatement fee, enroll in a responsible driver program and install an ignition interlock device in your vehicle. Both these things cost a lot more. The police may also arrest you and take you to the police station for further breath testing. | ||
:You can ask for a review of the prohibitions within 7 days. | :You can ask for a [https://www2.gov.bc.ca/gov/content/transportation/driving-and-cycling/driving-prohibitions-suspensions/disputes-appeals-reviews review] of the prohibitions within 7 days of when you get the notice of prohibition. The [https://www2.gov.bc.ca/gov/content/transportation/driving-and-cycling/driving-prohibitions-suspensions/disputes-appeals-reviews/immediate-roadside-prohibitions-irp grounds] to dispute the prohibition are limited and most prohibitions are upheld. You must fill in an application form available at ICBC Driver Licensing Offices. 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 notice. During the review process, you are still prohibited from driving. | ||
'''5. [http://www.icbc.com/driver-licensing/tickets/Pages/adp.aspx Administrative Driving Prohibition] (ADP)''' | '''5. [http://www.icbc.com/driver-licensing/tickets/Pages/adp.aspx Administrative Driving Prohibition] (ADP)''' | ||
| Line 57: | Line 57: | ||
'''7. [http://www2.gov.bc.ca/gov/content/transportation/driving-and-cycling/driving-prohibitions-suspensions/prohibitions-and-suspensions/consequences-conviction-motor-vehicle-offences Driving prohibition for ''Criminal Code'' conviction (court ordered)]''' | '''7. [http://www2.gov.bc.ca/gov/content/transportation/driving-and-cycling/driving-prohibitions-suspensions/prohibitions-and-suspensions/consequences-conviction-motor-vehicle-offences Driving prohibition for ''Criminal Code'' conviction (court ordered)]''' | ||
:You lose the right to drive if you are convicted of a ''Criminal Code'' offense related to motor vehicles. For example, if you are convicted of impaired driving, dangerous driving, or hit and run, your license is suspended for 1 year. This is the penalty for a first offense—unless a judge orders a longer prohibition. For a second conviction within 10 years, your license is suspended for 3 years. For 3 or more convictions, your license is suspended indefinitely. | :You lose the right to drive if you are convicted of a ''Criminal Code'' offense related to motor vehicles. For example, if you are convicted of impaired driving, dangerous driving, or hit and run, your license is suspended for 1 year. This is the penalty for a first offense—unless a judge orders a longer prohibition. For a second conviction within 10 years, your license is suspended for 3 years. For 3 or more convictions, your license is suspended indefinitely. With an indefinite suspension, you can re-apply for a license after 5 years, but the suspension can be extended if you don’t comply with other requirements or conditions of getting a license. Script [[Drinking and Driving (Script 190)|190]] has more on this topic. | ||
:If you are convicted of a ''Criminal Code'' offense relating to motor vehicles, you have to complete the [http://www2.gov.bc.ca/gov/content/transportation/driving-and-cycling/driver-medical/improvement-programs-for-high-risk-drivers/administration-of-the-remedial-programs/responsible-driver-program Responsible Driver Program]. It may also be required if you apply for a driver’s license and you have received: | :If you are convicted of a ''Criminal Code'' offense relating to motor vehicles, you have to complete the [http://www2.gov.bc.ca/gov/content/transportation/driving-and-cycling/driver-medical/improvement-programs-for-high-risk-drivers/administration-of-the-remedial-programs/responsible-driver-program Responsible Driver Program]. It may also be required if you apply for a driver’s license and you have received: | ||
| Line 74: | Line 74: | ||
The prosecutor will normally use several documents to show these things. You should carefully review these documents with a lawyer before deciding how to proceed. For more on defending yourself, check script [[Defending Yourself Against a Criminal Charge (Script 211)|211]], called “Defending Yourself Against a Criminal Charge”. | The prosecutor will normally use several documents to show these things. You should carefully review these documents with a lawyer before deciding how to proceed. For more on defending yourself, check script [[Defending Yourself Against a Criminal Charge (Script 211)|211]], called “Defending Yourself Against a Criminal Charge”. | ||
==Penalties | ==Penalties if you are convicted of driving while prohibited== | ||
'''a. Fine, jail, or both''' | '''a. [http://www.bclaws.ca/civix/document/id/consol28/consol28/96318_02#section95 Fine, jail, or both]''' | ||
:For a first offence, a judge must fine you at least $500 and up to $2000. | :For a first offence, a judge must fine you at least $500 and up to $2000. The judge can also send you to jail for up to 6 months, but does not have to and usually doesn’t. | ||
:For a second or further offense, a judge | :For a second or further offense, a judge must fine you at least $500 but not more than $2000 and must send you to jail for at least 14 days up to one year. | ||
:You also [http://www.icbc.com/driver-licensing/tickets/Pages/fines-points-offences.aspx lose 10 points]. | |||
'''b. Driving prohibition of 12 months or longer''' | '''b. Driving prohibition of 12 months or longer''' | ||
| Line 95: | Line 97: | ||
* Check script [[Drinking and Driving (Script 190)|190]], called “Drinking and Driving” and script [[Defending Yourself Against a Criminal Charge (Script 211)|211]], called “Defending Yourself Against a Criminal Charge”. | * Check script [[Drinking and Driving (Script 190)|190]], called “Drinking and Driving” and script [[Defending Yourself Against a Criminal Charge (Script 211)|211]], called “Defending Yourself Against a Criminal Charge”. | ||
* Check the ''[http://www.bclaws.ca/civix/document/id/complete/statreg/96318_00 Motor Vehicle Act]'' and the ''[http://laws-lois.justice.gc.ca/eng/acts/C-46/index.html Criminal Code]''. | * Check the ''[http://www.bclaws.ca/civix/document/id/complete/statreg/96318_00 Motor Vehicle Act]'' and the ''[http://laws-lois.justice.gc.ca/eng/acts/C-46/index.html Criminal Code]''. | ||
* [ | * BC government information on [https://www2.gov.bc.ca/gov/content/transportation/driving-and-cycling/driving-prohibitions-suspensions/prohibitions-and-suspensions prohibitions and suspensions]. | ||
* Check [ | * Check [https://www2.gov.bc.ca/gov/content/transportation/driving-and-cycling/road-safety-rules-and-consequences/organizational-structure-and-partnerships/about-roadsafetybc RoadSafetyBC] (previously called the Office of the Superintendent of Motor Vehicles). | ||
[updated May | [updated May 2018] | ||
