Driving offences may be prosecuted under the Motor Vehicle Act or the Criminal Code of Canada. Offences include impaired driving, refusal to blow, dangerous driving causing bodily harm or death, driving without due care, driving while prohibited and more.
Impaired Driving/Refusal: British Columbia has some of the strictest impaired driving laws in all of Canada with the officer at roadside now acting as judge and jury over your freedom to drive. The imposition of an Immediate Roadside Prohibition (“IRP”) not only means you can automatically be prohibited from driving for 3 months, but your vehicle will be impounded for 30 days, you will have points imposed on your license and you could be required to attend the Responsible Driving Program as well as have an Ignition Interlock device installed in your car. Monetary penalties associated with IRP’s can easily approach $5,000 not to mention no longer being able to drive. Whether you are charged criminally and have to go to court or an IRP is imposed and you have to fight ICBC, we have extensive experience to help keep you on the road.
Driving While Prohibited: The crackdown on impaired driving in British Columbia has led to a greater number of people being charged with prohibited driving. Driving while prohibited carries a mandatory minimum penalty of a $500 fine as well as a 1 year driving prohibition for a first offence and mandatory minimum jail sentences for subsequent offences. Defences for driving while prohibited are highly technical in nature and we are well acquainted with identifying any issues that could lead to your charges being dismissed. If there are no issues worth pursuing to trial, we are also frequently able to negotiate charges being stayed or a plea bargain to a lesser offence with either a reduced or no driving prohibition to keep you on the road.
Dangerous Driving: These are some of the most serious driving offences and can lead to significant penalties including lengthy jail sentences. We analyze each case very carefully and work with accident scene experts if needed, often former police officers themselves, to ensure that no stone is left unturned in representing your interests.