Motor Vehicle Law Driving While Prohibited (13:XI)
It is an offense under Motor Vehicle Act s 95(1)(a) to drive a motor vehicle on a highway or industrial road knowing that he or she is prohibited from doing so under:
- ss 91 (prohibition issued by the Insurance Corporation of British Columbia for an
unsatisfied court judgment),
- 92 (prohibition against driving relating to fitness or ability to drive), 93 (prohibition issued by superintendent in the public interest),
- 94.2 (driving prohibition for driving while impaired by alcohol or refusing to provide a breath
sample without reasonable excuse),
- 215 (24 hour impaired driving prohibition), 215.43 (immediate roadside driving prohibition), or
- 251(4) (prohibition for driving while failing to hold a license, or while an impoundment notice was issued on the license),
Then the person commits an offencse and is liable:
- on a first conviction, to a fine of not less than $500 and not more than $2 000 or to imprisonment
for not more than 6 months, or to both, and
- on a subsequent conviction, regardless of when the contravention occurred, to a fine of not less
than $500 and not more than $2 000 and to imprisonment for not less than 14 days and not more than one year.
- The individuals driving record will also be blemished and they will receive a 10 point Motor Vehicle Act infraction on their record.
The term “knowingly” means that Crown must prove beyond a reasonable doubt that the person charged knew that they were prohibited from driving. However, service of a prohibition certificate by registered mail, per Motor Vehicle Act s 95(4)(a) constitutes constructive knowledge, even in cases where the accused never reads the driving prohibition: R. v. Wall, 2010 CarswellBC 3398, 2010 BCPC 316.
It is advisable that individuals charged with Driving While Prohibited seek out legal advice from a lawyer. It is possible to work out a plea deal with the Crown Counsel to a lesser included offence of Driving Without a Licence pursuant to s. 24(1) of the Motor Vehicle Act. The benefit of this resolution is that:
- There is no statutory minimum driving prohibition;
- No minimum fine amount; and
- The individuals driving record will only be blemished with a 3 point Motor Vehicle Act infraction on their record.
A judge's conclusions after hearing argument and considering the evidence presented at a trial or an application; a decision, the judge's reasons. A judge's written or oral decision will include the judge's conclusions about the relief or remedies claimed as well as their findings of fact and conclusions of law. A written decision is called the judge’s "reasons for judgment." See "common law," "conclusions of law," "findings of fact," and "final judgment."
In law, the federal and provincial governments and their departments and agencies. Lawyers employed by the federal and provincial governments to prosecute criminal offences.
A person licensed to practice law in a particular jurisdiction. See "barrister and solicitor."