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Difference between revisions of "Motor Vehicle Offences for Drugs and Alcohol (13:IX)"
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Motor Vehicle Offences for Drugs and Alcohol (13:IX) (view source)
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There are two types of reviews: written and oral. The superintendent is not required to hold an oral hearing unless the driving prohibition is for 30 or 90 days, and the applicant requests an oral hearing at the time of filing the application for review and pays the prescribed oral hearing fees (MVA s 215.48(5)). In a written review, all documents are reviewed by the adjudicator at the appointed time and location, but no oral submissions will take place. In an oral review, the adjudicator will listen to why the driving prohibition ought to be revoked. It is highly recommended that full written submissions are also provided. If the oral hearing is missed, the hearing will automatically change to a written review system. The payment for a written review is $100 whereas the payment for an oral review is $200. The payment is non-refundable. | There are two types of reviews: written and oral. The superintendent is not required to hold an oral hearing unless the driving prohibition is for 30 or 90 days, and the applicant requests an oral hearing at the time of filing the application for review and pays the prescribed oral hearing fees (MVA s 215.48(5)). In a written review, all documents are reviewed by the adjudicator at the appointed time and location, but no oral submissions will take place. In an oral review, the adjudicator will listen to why the driving prohibition ought to be revoked. It is highly recommended that full written submissions are also provided. If the oral hearing is missed, the hearing will automatically change to a written review system. The payment for a written review is $100 whereas the payment for an oral review is $200. The payment is non-refundable. | ||
To submit supporting documents for the oral or written review they must be provided in advance of the hearing. This can be done by submitting the supporting documents 48 hours in advance of the hearing at any ICBC driver’s licensing office or by faxing them to RoadSafetyBC at 250-356-6544. | |||
A decision will be rendered within 21 days from the date the driving prohibition is issued. | |||
Possible review outcomes include: | |||
*Driving prohibition revoked: will be advised to reapply for driver’s license. The reinstatement fees and monetary penalties will be waived or refunded, however any outstanding debts owed to the province or ICBC must be paid. | |||
*Driving prohibition confirmed: terms of driving prohibition will remain unchanged. | |||
The administrative decision (review decision) is final. If the application is unsuccessful, the only recourse is through a judicial review. The application for the judicial review must be filed within 30 days of receiving the decision, and is made by filing a notice of petition in Supreme Court. The filing fee is $200. | |||
It is highly recommended that individuals seeking to challenge the administrative decision by way of judicial review be represented by a lawyer. | |||
=== 6. Twelve and 24-Hour Suspensions and 90-Day Driving Prohibitions === | |||
Even if the driver’s blood alcohol concentration does not exceed .08, the driver may be prohibited from driving for 24 hours if the peace officer has reasonable and probable grounds to believe that the driver’s ability to drive a motor vehicle is affected by alcohol. The police may also impound the motor vehicle for 24 hours under s 215.4(1) of the MVA if they believe that impoundment is necessary to prevent the driver from driving or operating the motor vehicle before the prohibition expires. If an ASD shows that the driver’s blood alcohol concentration is not over .05, the police must end the prohibition. The appeal to the Superintendent follows the same procedure as what is outlined under “Challenging Roadside Conditions” (IX.A.1.c). | |||
Under MVA s 90.3, a peace officer may issue a 12-hour license suspension for an individual who has care or control of a motor vehicle with any amount of alcohol in his or her body, provided that there has been a previous condition imposed under MVA s 25(10.1) which prohibits that driver from driving after consuming alcohol (i.e. driving with a Class 7 or 7L). However, this suspension is terminated if the individual provides a medical certificate stating that his or her blood alcohol level did not exceed .03 at the time (30 milligrams of alcohol in 100 millilitres of blood). | |||
Under s 215(2)(c) of the MVA, a peace officer who has reasonable and probable grounds to believe that a driver’s ability to drive the motor vehicle has been affected by alcohol may order the driver to surrender his or her license. The license is then suspended, even if it is | |||
