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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 18:44, 8 August 2023
, 18:44, 8 August 2023no edit summary
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{{REVIEWED LSLAP | date= July | {{REVIEWED LSLAP | date= July 1, 2023}} | ||
{{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 | ||
road knowing that they are prohibited from doing so under: | 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); | ||
* 93 (prohibition issued by Superintendent in the public interest) | * 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), | * 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 (24 hour impaired driving prohibition); | ||
* 215.43 (immediate roadside 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). | * 251(4) (prohibition for driving while failing to hold a license, or while an impoundment notice was issued on the license). | ||
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Then the person commits an offence and is liable: | 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 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: [https://www.canlii.org/en/bc/bcpc/doc/2010/2010bcpc316/2010bcpc316.html ''R v. Wall'', 2010 BCPC 316]. | 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]. | ||