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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 08:09, 10 August 2021
, 08:09, 10 August 2021no edit summary
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{{REVIEWED LSLAP | date= | {{REVIEWED LSLAP | date= June 30, 2021}} | ||
{{LSLAP Manual TOC|expanded = motor}} | {{LSLAP Manual TOC|expanded = motor}} | ||
It is an offence under the ''Motor Vehicle Act'' s 95(1)(a) to drive a motor vehicle on a highway or industrial | It is an offence under the ''Motor Vehicle Act'' s 95(1)(a) to drive a motor vehicle on a highway or industrial | ||
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* The individual's driving record will also be blemished and they will receive a 10 point ''Motor Vehicle Act'' infraction on their record. | * The individual's 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: ''[ | 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: ''[https://www.canlii.org/en/bc/bcpc/doc/2010/2010bcpc316/2010bcpc316.html 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 https://www2.gov.bc.ca/gov/content/transportation/driving-and-cycling/driving-prohibitions-suspensions/prohibitions-and-suspensions/caught-driving-while-prohibited. | 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. | ||