In British Columbia, driving prohibitions are serious administrative penalties that can disrupt your daily life. Whether you’re facing a 24-hour roadside ban or a 90-day Immediate Roadside Prohibition (IRP), it’s crucial to understand the reasons behind these prohibitions and the legal avenues available to challenge or reduce them.
Our latest blog breaks down the process and explains how a lawyer can help you navigate the system. From reviewing the strength of your case and guiding you through appeals and paperwork, to negotiating alternatives and protecting your rights, legal support can minimize long-term consequences and improve your chances of a favourable outcome.
Why Driving Prohibitions Happen
In British Columbia, there are several types of driving prohibitions, and they can be issued either by the police or by the Superintendent of Motor Vehicles.
Police officers may issue Immediate Roadside Prohibitions (IRPs) if they believe a driver is impaired by alcohol or drugs. These are applied on the spot and can result from refusing or failing a breath test, or registering a “warn” or “fail” reading on a screening device.
The Superintendent of Motor Vehicles, on the other hand, issues prohibitions based on a driver’s overall record. This can happen if you have accumulated too many demerit points, committed serious driving offences, or been flagged for medical fitness concerns. In these cases, drivers usually receive a Notice of Intent to Prohibit, which provides the option to either accept the prohibition or request a review. During the review, you can present your case to challenge the decision, or ask to have the prohibition reduced or set aside on compassionate or exceptional grounds.
Types of Driving Prohibitions
The type of prohibition you receive depends on the circumstances and who issues it. Some are handed out immediately at the roadside by police, while others come from the Superintendent after reviewing your record. The main types in BC include:
24-Hour Roadside Prohibition
- Issued when a driver is impaired by alcohol, drugs, or both.
Immediate Roadside Prohibition (IRP)
- Can last 3, 7, 30, or 90 days.
- Given at the roadside to alcohol-impaired drivers under the Motor Vehicle Act.
- Criminal charges may also be laid separately.
Administrative Driving Prohibition (ADP)
- A 90-day prohibition for impaired driving under the Motor Vehicle Act.
- Criminal charges may also be laid in addition to the prohibition.
Unlicensed Driver Prohibition
- Imposed for repeat unlicensed driving offences.
- Remains in place until the driver becomes properly licensed.
Driver Improvement Program Prohibitions
- Imposed on drivers with poor driving records or other concerns identified by the Superintendent of Motor Vehicles.
- The length of the prohibition is decided on a case-by-case basis.
What Happens After a Prohibition
If you receive a driving prohibition in BC, the consequences can be immediate and significant. Beyond losing your ability to drive, there are financial impacts to consider. You may face administrative penalties, reinstatement fees, and the cost of completing mandatory programs like the Responsible Driver Program or the Ignition Interlock Program. On top of that, once your licence is reinstated, you can expect your insurance premiums to rise, often for several years.
Your Rights
If you are facing a driving prohibition in British Columbia, it’s important to remember that you are not without options. You have the right to be told exactly why the prohibition was issued and what evidence supports it. This might include the results of a breath test, a police officer’s report, or details from your driving record. Having access to this information gives you the opportunity to understand the case against you and prepare a proper response.
You also have the right to seek legal advice and representation. A lawyer can review the details of your situation, explain the strength of the evidence, and guide you through the steps that follow. In many cases, you may be able to request a review or even appeal the prohibition altogether. These processes give you the chance to challenge the decision, present additional evidence, or ask for the prohibition to be reduced or set aside. Acting quickly is key, as strict timelines apply for filing reviews and appeals.
Legal Options to Fight or Reduce a Prohibition
If you’re facing a driving prohibition in British Columbia, there are several legal steps you can take to protect your rights and potentially reduce the impact of the ban. Acting quickly is important, as strict timelines often apply. Depending on your situation, your options may include:
- Requesting a review through RoadSafetyBC: Submit a formal review shortly after receiving your notice to have an adjudicator reconsider the prohibition.
- Challenging the evidence: If there were errors in how tests were conducted or procedural mistakes, you can question the reliability of the evidence, such as breathalyzer or screening device results.
- Negotiating reduced penalties or conditional licences: In some cases, you may be able to have the length of the prohibition reduced or obtain a hardship or work-related licence.
- Appealing to the BC Supreme Court: If the review is unsuccessful, you can appeal to the court. Keep in mind that strict deadlines apply and the court will either uphold or overturn the prohibition entirely.
Using a Lawyer to Manage Driving Prohibitions
Receiving a driving prohibition in British Columbia can be stressful, embarrassing, and financially challenging. It’s important to understand what a prohibition means, your rights, and the legal options available to you.
Facing a driving prohibition doesn’t have to be overwhelming, early action and informed decisions can make a real difference.
We’ve successfully assisted clients in managing driving prohibitions and getting back on the road sooner. If you’re facing a prohibition, reach out to our team to understand your options and take the first step toward resolving the issue.