October 4, 2016

Motor Vehicle Act

  • IMMEDIATE ROADSIDE PROHIBITION (IRP)

    Immediate roadside prohibitions were a way for the British Columbian Government to remove the significant number of criminal allegations for drinking and driving from our provincial court and bring them into our regulatory law.

    When an individual is pulled over they are giving the roadside screening device which provides a breath sample that if they blow a fail will immediately prohibit them from driving for three months. If they blow a warn they will be prohibited for three days.There are many tactical defences to immediate roadside prohibitions. The individual must have care and control of the vehicle. You can provide a positive defence by providing sworn testimony on the amount of alcohol you consumed and have an expert confirm that the level of alcohol in the blood is under the legal limit.

    It is important to speak to a lawyer immediately upon receiving an IRP in order to maximize the chance of reversing the prohibition.


  • DRIVING PROHIBITION

    The Superintendent of Motor Vehicles can prohibit drivers if their driving record fails to meet the Driver Improvement Program Guidelines.  After receiving a prohibition it is important to speak to a lawyer in order to fully articulate to the Superintendent of Motor Vehicles the circumstances and the impact of having a prohibition in order to reduce the prohibition or avoid it altogether.


  • MOTOR VEHICLE ACT OFFENCES

    Traffic tickets can range from speeding to driving without a reasonable care and attention.  If you are conviction of traffic tickets this can cause you to have penalty points placed on your license and this could impact both your insurance costs and whether you could be prohibited from driving.  Driving offences must be proved beyond a reasonable doubt before a court and it is important to assess whether or not the crown is able to do that in order to avoid the serious room for occasions of losing your license.