Difference between revisions of "Driving While Prohibited (13:XI)"

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 they are 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 offence 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 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.

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;

* No minimum fine amount; and

* The individuals driving record will only be blemished with a 3 point ''Motor Vehicle Act'' infraction on their record.

{{REVIEWED LSLAP | date= August 21, 2020}}

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