Driving is a privilege that comes with certain responsibilities, and when those responsibilities are disregarded, it can result in serious consequences. One such offense is driving while prohibited.
If you are facing criminal charges related to operating a vehicle under the influence of alcohol or drugs or otherwise “driving while prohibited” in British Columbia, it’s important to understand the legal implications, the actions that can lead to a prohibition, the potential penalties, and the steps you can take to protect your rights.
In this blog post, we will provide a comprehensive overview to shed light on driving while prohibited and offer guidance for individuals facing such charges.
What Does “Driving While Prohibited” Mean?
In British Columbia, driving while prohibited refers to the act of operating a motor vehicle while your driving privileges have been suspended or revoked. When the court or the Superintendent of Motor Vehicles issues a prohibition, it is essential to respect the terms and refrain from driving until the prohibition is lifted. Engaging in any driving-related activities during this period can lead to criminal charges and severe legal consequences.
How it Can Happen
There are several circumstances that may lead to a driving prohibition in British Columbia, including:
- Accumulating excessive penalty points on your driving record.
- Convictions for certain traffic offenses, such as impaired driving, excessive speeding, or dangerous driving.
- Failing to comply with the terms of a probationary or restricted license.
- Defaulting on fines or failing to pay court-ordered restitution.
- Being declared unfit to drive due to medical reasons.
- Ignoring a driver’s license suspension or failing to reinstate your license after a suspension period.
Penalties for Driving While Prohibited
Driving while prohibited is considered a serious offense in British Columbia. The penalties vary depending on the circumstances, including your driving history and the number of previous convictions. The potential consequences may include:
- Criminal record: A conviction for driving while prohibitedcan result in a criminal record, which can have long-term implications on your personal and professional life.
- Vehicle impoundment: Your vehicle may be impounded for a specified period, typically 30 days or more, depending on the offense and previous convictions.
- Increased prohibition period: A subsequent conviction for driving while prohibited can lead to an extension of your original driving prohibition, potentially resulting in a longer period of license suspension.
- Fines and imprisonment: Penalties can include substantial fines, ranging from hundreds to thousands of dollars, and even imprisonment, especially for repeat offenders or those involved in serious offenses.
What You Can Do
If you find yourself facing charges of driving while prohibited, it is crucial to seek legal representation from an experienced criminal defence lawyer. A lawyer will provide personalized legal advice based on your specific circumstances.
You should then collect any documentation related to the driving prohibition, including the original notice of prohibition, any correspondence with licensing authorities, and any evidence that may support your defense. Be honest and forthcoming with your lawyer about your driving history, any previous convictions, and the circumstances that led to the driving while prohibited charge.
Your lawyer will analyze the details of your case and work with you to build a strong defense strategy. This may involve challenging the legality of the prohibition, examining the evidence, and identifying any procedural errors or constitutional violations. Your lawyer will also represent you in court, presenting your defense, cross-examining witnesses, and advocating for the best possible outcome on your behalf.
If you were charged, get in touch with our criminal defence team today. We can help you fight your case and work toward the best possible outcome for you.
