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DRIVING WHILE PROHIBITED (DWP):

Contact us if you have been charged with DWP, by using the Case Inquiry form or email us at: [email protected]. We have zealously defended prohibition cases for over 15 years, and can advise you regarding your options, including possible defences, and outcomes.

There are various ways one can be prohibited from driving, and the different methods of prohibition stem from different laws, rules, and regulations. It is a complex area of law, and that is why you should seek professional legal counsel immediately to assist you in your defence. To get the best lawyer in BC for your Driving While Prohibited Charge, and top legal defence you should act quickly, so that the defence lawyer can work on your file while the incident is still fresh in your memory.

As you know, prohibitions can cause serious financial strife, loss of employment or work, and impairment of daily tasks. Under some prohibitions, ICBC – RoadSafety BC and the Office of the Superintendent of Motor Vehicles (OSMV) may require you to attend for and complete the Responsible Driving Program (RDP), and pay the fees for the program, which are around $1,000, and possibly the Ignition Interlock Program (IIP), which requires installation of a breath testing device in any vehicle you operate, and pay the associated fees, of around $2,000.

If you have been prohibited from driving a motor vehicle (usually by a Judge/ Court Order (such as a DUI/Impaired Driving, previous DWP, or section 144 Driving Without Due Care and Attention of the MVA), or the OSMV for having a bad driving record – usually section 93 of the Motor Vehicle Act for an “unsatisfactory record”, RoadSafety BC, or issued a Notice of Prohibition by a police officer pursuant to the Motor Vehicle Act, RSBC, (MVA) such as an Administrative Driving Prohibition (ADP), or Immediate Roadside Prohibition (IRP) or ICBC Driver Services, or OSMV Direction), and you decide to drive or operate a motor vehicle, you will likely be charged with driving while prohibited (DWP) under the MVA. We of course also zealously defend ADP and IRP charges, and see our website section under that tab for more detailed information. Graduated Licensing Program for Learners (L) or Novice/New Drivers (N) is very strict and any violations will likely result in a Notice of Prohibition. It can take several years to become a fully graduated license holder, and obtain a regular Class 5 license. Your clock for eligibility re-starts if you are convicted of offences.

This is a serious offence, and you will usually be given a Promise to Appear, Appearance Notice, or Summons to Court, and must attend Provincial Court, and answer to the charge(s), and the penalties are noted below:

PENALTIES FOR DRIVING WHILE PROHIBITED (DWP):

Driving while prohibited (DWP) is an offence under our provincial Motor Vehicle Act (MVA), or driving while your driver’s licence is suspended is a criminal offence under the Criminal Code of Canada. If you’re convicted of driving while prohibited, even if it is your first offence and no previous convictions for DWP, the Court must impose:

• a Mandatory Minimum Driving Prohibition under the MVA for at least 12 months (1 year), with no work exceptions. If it is a subsequent conviction, you can face multiple year driving prohibitions, or even Indefinite License Prohibitions from the OSMV.

• A conviction will remain on your permanent driving record abstract, causing possible additional and longer driving prohibitions from the OSMV, separate from any Court Ordered Prohibition, and can be considered in a review for an Unsatisfactory Driving Record under section 93 of the MVA, even if already considered in the past;

• You will receive 10 Driver Points on your driving record abstract, resulting in a minimum of $905 per year for three years ($2,715) in Driver Risk Premiums (DRP) payable to ICBC; failing to pay may affect your license reinstatement status. Additional points result in higher DRP.

• Your vehicle insurance will also likely be invalid against you, for breaching insurance policies, and you could be facing serious civil lawsuits for damage to property, injury claims, medical expenses, lost wage claims, etc.

• On a 1st conviction – there is a fine from a Minimum of $500 to $2,000, Victim Fine Surcharges, and the possibility of imprisonment – jail for up to six months.

• On any subsequent conviction – regardless of when the contravention occurred, the fine is $500 to $2,000, Victim Fine Surcharges, and 14 days to one year of imprisonment.

• The Vehicle You Drove Impounded on the Spot – Even if the vehicle you’re caught driving is not yours, it will be impounded. Towing and storage costs will be charged to the owner of the vehicle. The impoundment periods are: 7 days for 1st infraction; 30 days for the 2nd infraction; and 60 days for the 3rd infraction. All costs of the impoundment must be paid before the vehicle is released.

Sample of Our Case Outcomes for Driving While Prohibited Include:

Defendant worked as a banker, and was charged with Driving While Prohibited under the Motor Vehicle Act, RSBC. The matter was not able to be resolved pre-trial, and the defendant was ultimately acquitted as there was a reasonable doubt as to the defendant’s knowledge of the prohibition. The culpable mental state had not been proved by the Crown beyond the required burden. R. V. S.S.N.

A young driver was facing a 1 year driving prohibition from the Superintendent of Motor Vehicles for his unsatisfactory driving record. After making appropriate submissions, the driver was granted a reduction of 6 months for his prohibition Marwaha, Surrey, BC

The driver had received a prohibition for 5 months from the Superintendent of Motor Vehicles. After submissions to the Superintendent, the Prohibition was remitted entirely, and the Driver could drive. In re. MacDonald, Vancouver

Accused, a long-haul truck driver, was given a Notice of Intent to Prohibit for 1 year by the Superintendent of Motor Vehicles, for an apparent out of state conviction for DUI in WA State. After preparing the case, and making submissions on points of law, the Superintendent remitted the Prohibition in its entirety, and no suspension went into effect. In Re J.G

Applicant was a Commercial Truck Driver in Alberta, and was having issues regarding relicensing in British Columbia. After submissions to the Superintendent, the Superintendent agreed to allow the Applicant to test for his Commercial License. In Re Gill

Applicant had an Administrative Driving Prohibition under s. 94.1 of the Motor Vehicle Act, RSBC, after being charged with Impaired Driving and Refusal to provide a breath/blood sample under s.254 of the Criminal Code. The Applicant was married, with children, and worked for B.C. Transit, as a Bus Driver. After reviewing the disclosure from the Superintendent of Motor Vehicles, Mr. Gosal made a number of submissions, and the proposed Driving Suspension was revoked, and the Applicant was allowed to drive and continue to earn for his family. In Re Singh