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Difference between revisions of "Driving While Prohibited (13:XI)"
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Driving While Prohibited (13:XI) (view source)
Revision as of 21:48, 6 September 2020
, 21:48, 6 September 2020no edit summary
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{{LSLAP Manual TOC|expanded = motor}} | {{LSLAP Manual TOC|expanded = motor}} | ||
It is an | It is an offence under the ''Motor Vehicle Act'' s 95(1)(a) to drive a motor vehicle on a highway or industrial | ||
road knowing that | road knowing that they are prohibited from doing so under: | ||
* ss 91 (prohibition issued by the Insurance Corporation of British Columbia for an unsatisfied court judgment), | * 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), | * 92 (prohibition against driving relating to fitness or ability to drive), | ||
| Line 15: | Line 15: | ||
* The individuals driving record will also be blemished and they will receive a 10 point ''Motor Vehicle Act'' infraction on their record. | * 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'' | 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: ''[http://canlii.ca/t/2dtzc R v Wall]'', 2010 BCPC 316. | ||
The prohibited driver’s vehicle will likely be impounded if caught driving while prohibited. For more information on vehicle impoundment, please see | The prohibited driver’s vehicle will likely be impounded if caught driving while prohibited. For more information on vehicle impoundment, please see https://www2.gov.bc.ca/gov/content/transportation/driving-and-cycling/driving-prohibitions-suspensions/prohibitions-and-suspensions/caught-driving-while-prohibited. | ||
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 | 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 benefits of this resolution are that: | ||
* There is no statutory minimum driving prohibition; | * There is no statutory minimum driving prohibition; | ||
* No minimum fine amount; and | * No minimum fine amount; and | ||
* The individuals driving record will only be blemished with a 3 point ''Motor Vehicle Act'' infraction on their record. | * The individuals driving record will only be blemished with a 3 point ''Motor Vehicle Act'' infraction on their record. | ||
{{REVIEWED LSLAP | date= | {{REVIEWED LSLAP | date= August 21, 2020}} | ||
{{LSLAP Manual Navbox|type=chapters8-14}} | {{LSLAP Manual Navbox|type=chapters8-14}} | ||