Your Driving History and Why You Received a Notice of Intent to Prohibit
Courts, RoadSafetyBC, and the Police can take away your driver’s license and prohibit you from driving, but they must follow certain rules. If you meet the requirements in law, you have a right to obtain a driver’s license. However, if you break the rules, you can easily lose your license.
Whenever a conviction for a traffic offence or traffic ticket, or a roadside prohibition is registered on your driver’s abstract, your driving record is flagged for review. If you have a class 5 or other category of license, RoadSafetyBC will consider how long you have been driving, the nature of the notations on your abstract and the time frame. If you are in the Graduated License Program, i.e. an “L” or “N” driver, then any notation on your abstract will typically trigger a Notice of Intent to Prohibit or even a Notice of Prohibition.
An indication that you are disregarding the rules of the road or any traffic ticket may cause a Notice of Intent to Prohibit letter to land in your mailbox. You have three weeks from the date of the Notice to make your submissions to address the RoadSafetyBC driving suspension. This is when you need the help of a lawyer.
An initial review of your driving history has already been conducted by RoadSafetyBC when the decision was made to send you the Notice of Intent letter. The Application for Review must be in the hands of ICBC within the 21 day period. A new review will then be conducted based on the material provided in a package usually prepared by your lawyer.
To obtain the best result, it is essential, therefore, to closely follow the advice of your lawyer in addressing the concerns that will arise on the review. One reliable way of knowing what issues will arise is to review the decision letters from previous cases to determine the most important points that need to be addressed, and where certain arguments may have the unintended result of damaging your case.
Because we have helped hundreds of people deal with their Notice of Intent letters, we know what needs to be done to put you in the best place to get a fair result when it comes to the Application for Review.
The duration of each subsequent driving prohibition for points will become longer. That is one of the important reasons to ensure that any Notice of Intent driving prohibition you receive is as short as possible.