Driving While Prohibited: Difference between revisions
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{{Dial-A-Law TOC|expanded = autos}} | {{Dial-A-Law TOC|expanded = autos}} | ||
This script explains | This script explains 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. | ||
== | ==Types of driving prohibitions== | ||
'''1. BC Superintendent of Motor Vehicles 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 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 interest – for example, if you have a bad driving record. | :*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. | ||
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:*you don’t take a medical exam that the Superintendent orders. | :*you don’t take a medical exam that the Superintendent orders. | ||
'''2. 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 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. | ||
:*require you to give them your driver’s | :*require you to give them your driver’s license. | ||
:*give you notice of a 24-hour prohibition. The notice is a document. | :*give you notice of a 24-hour prohibition. The notice is a document. | ||
:*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. | ||
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: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. | ||
'''3. 12-hour roadside suspension''' | '''3. [http://www2.gov.bc.ca/gov/content/transportation/driving-and-cycling/driving-prohibitions-suspensions/prohibitions-and-suspensions/alcohol-and-drug-related-suspensions#12hour 12-hour roadside suspension]''' | ||
:A 12-hour suspension applies only to new drivers in the Graduated Licensing Program. As a driver in this program (as a Learner or Novice), if you have care or control of a motor vehicle and an ASD test shows you have any alcohol in your body, you receive an immediate 12-hour driving suspension. You also have to go back to the start of your 12-month (L) or 24-month (N) stage. And the Superintendent will automatically review your driving record and can give you more driving prohibitions if your record is unsatisfactory. | :A 12-hour suspension applies only to new drivers in the Graduated Licensing Program. As a driver in this program (as a Learner or Novice), if you have care or control of a motor vehicle and an ASD test shows you have any alcohol in your body, you receive an immediate 12-hour driving suspension. You also have to go back to the start of your 12-month (L) or 24-month (N) stage. And the Superintendent will automatically review your driving record and can give you more driving prohibitions if your record is unsatisfactory. | ||
:If your blood-alcohol level is over 0.05, you face the same consequences as other drivers, plus go back to the start of your 12-month (L) or 24-month (N) stage. There is no review of a 12-hour roadside suspension. | :If your blood-alcohol level is over 0.05, you face the same consequences as other drivers, plus go back to the start of your 12-month (L) or 24-month (N) stage. There is no review of a 12-hour roadside suspension. | ||
'''4. Immediate roadside prohibition (IRP)''' | '''4. [http://www2.gov.bc.ca/gov/content/transportation/driving-and-cycling/driving-prohibitions-suspensions/prohibitions-and-suspensions/alcohol-and-drug-related-suspensions#irp Immediate roadside prohibition] (IRP)''' | ||
:If you have care or control of a motor vehicle and the police reasonably suspect that you have alcohol or drugs in your body, they may demand that you blow into a hand-held breath-testing device at the side of the road. (Script [[Drinking and Driving (Script 190)|190]] has more on this.) | :If you have care or control of a motor vehicle and the police reasonably suspect that you have alcohol or drugs in your body, they may demand that you blow into a hand-held breath-testing device at the side of the road. (Script [[Drinking and Driving (Script 190)|190]] has more on this.) | ||
:If the device shows a “warn”, the police will: | :If the device shows a “warn”, the police will: | ||
:*take your driver’s | :*take your driver’s license and give you a notice that you are prohibited from driving. | ||
:*impound your vehicle for 3 clear days (not including weekends). | :*impound your vehicle for 3 clear days (not including weekends). | ||
:*immediately prohibit you from driving for 3 clear days (longer for later incidents). | :*immediately prohibit you from driving for 3 clear days (longer for later incidents). | ||
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:If the device shows a “fail” or if you refuse to provide a breath sample, the police will: | :If the device shows a “fail” or if you refuse to provide a breath sample, the police will: | ||
:*take your driver’s | :*take your driver’s license. | ||
:*prohibit you from driving for 90 days. | :*prohibit you from driving for 90 days. | ||
:*impound your vehicle for 30 days. | :*impound your vehicle for 30 days. | ||
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:You can ask for a review of the prohibitions within 7 days. But the grounds for disputing the prohibition are very limited and most prohibitions are upheld. And usually, the prohibition will be over before the review is held. | :You can ask for a review of the prohibitions within 7 days. But the grounds for disputing the prohibition are very limited and most prohibitions are upheld. And usually, the prohibition will be over before the review is held. | ||
'''5. Administrative Driving Prohibition (ADP)''' | '''5. [http://www.icbc.com/driver-licensing/tickets/Pages/adp.aspx Administrative Driving Prohibition] (ADP)''' | ||
:If your blood alcohol content is over 0.08, or if you refuse to give a breath sample, police may give you a 90-day driving prohibition and charge you under the ''Criminal Code'' with impaired driving – if they don’t give you an IRP (see item 4 above). | :If your blood alcohol content is over 0.08, or if you refuse to give a breath sample, police may give you a 90-day driving prohibition and charge you under the ''Criminal Code'' with impaired driving – if they don’t give you an IRP (see item 4 above). | ||
'''6. | '''6. [http://www.icbc.com/driver-licensing/tickets/Pages/Driver-prohibitions.aspx Unlicensed driver prohibition]''' | ||
: | :The Superintendent can prohibit you from driving for repeat unlicensed-driving offences. The prohibition lasts until you become licensed. | ||
: | '''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 have to wait 5 years to re-apply for a license and that time can be extended if you don’t comply with other requirements or conditions of getting a license. | |||
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: | |||
:*two 90-day administrative driving prohibitions within 5 years, | :*two 90-day administrative driving prohibitions within 5 years, | ||
:*three 24-hour driving prohibitions within 5 years, or | :*three 24-hour driving prohibitions within 5 years, or | ||
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==More information== | ==More information== | ||
*Check the ICBC website | * Check the ICBC website section on [http://www.icbc.com/driver-licensing/tickets/Pages/default.aspx driver licensing]. | ||
*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''. | ||
* | * [http://www.pssg.gov.bc.ca/osmv/prohibitions/index.htm Ministry of Justice information on prohibitions and suspensions] | ||
* Check [http://www.pssg.gov.bc.ca/osmv/about/index.htm RoadSafetyBC] (previously called the Office of the Superintendent of Motor Vehicles) | |||
[updated | [updated May 2016] | ||