People facing a driving while prohibited charge in British Columbia may think that proving the case would be fairly straightforward. The police say a person was prohibited, the person was driving, and that, you would think, would be enough for a prosecutor to prove their case. That is not quite how it works in British Columbia courts.
In most cases, driving while prohibited is prosecuted under the Motor Vehicle Act. Although Motor Vehicle Act charges are not criminal offences, the process looks very much like a criminal case. A person is given an appearance notice or promise to appear requiring them to attend court. The case proceeds before a judge. The government must provide full disclosure and when it comes to trial they must prove their case beyond a reasonable doubt. That means the prosecution must prove each and every element of the offence.
Some of the elements require information maintained by the Superintendent of Motor Vehicles. For example the government may need to prove that a valid driving prohibition existed, that it applied at the relevant time, and that proper notice was given. All of this information may be in the possession of the government office responsible for licensing drivers and issuing driving prohibitions.
How the government tries to prove these cases
Instead of calling witnesses from the Superintendent of Motor Vehicles office, the government usually relies on certificates or paperwork from the Superintendent. The Motor Vehicle Act specifically allows certain facts to be proven through these documents.
The idea is to make it easier for the government to prove parts of its case by using paperwork rather than requiring government employees to attend court to testify about the information contained in their records.
When paperwork is not enough
The documents from the Superintendent of Motor Vehicles are designed to prove specific facts. They do not necessarily answer every question that might arise about the records.
Sometimes the paperwork fails to establish the exact status of the driver’s licence at the relevant time or the validity of the prohibition. The paperwork may be deficient regarding whether the prohibition was properly served or communicated or what type of prohibition was apparently in force.
The government has tried to draft the Motor Vehicle Act to make these cases easier to prove through documentation. The legislation is detailed and carefully written. Even so, the paperwork sometimes leaves gaps.
If the prosecution fails to prove one of the required elements, the court may find that the case has not been proven beyond a reasonable doubt. An acquittal may be the result of a technicality, and there is no better feeling than being found not guilty.
Why these cases are legally complex
Driving while prohibited charges carry serious consequences. A conviction can result in significant fines and a minimum further one year driving prohibition. In the case of second or subsequent convictions, a person convicted is facing time in jail.
At the same time the legal structure of these cases is surprisingly technical. The prosecution must prove several elements and much of the evidence comes from government records. Understanding what those documents prove and what they do not prove requires experience with the legislation and the court process.
Why legal representation matters
Because these cases proceed in court and involve technical statutory evidence, driving while prohibited charges are rarely simple.
A lawyer with experience defending driving while prohibited charges will examine the certificates prepared by the Superintendent of Motor Vehicles, the sections relied upon in the Motor Vehicle Act, the dates and the terms of the prohibition, service of the prohibition, and consider it in light of the police evidence.
Small details in the documentation can determine whether the prosecution is able to prove its case. Most people would not know where to start in reviewing those records or identifying deficiencies. Lawyers who regularly defend driving while prohibited charges in BC deal with these issues frequently and understand the legal framework behind them.
If you are charged with driving while prohibited
If you receive an appearance notice for driving while prohibited in British Columbia, the case will proceed in Provincial Court. You or your lawyer will be required to attend court and you may need to schedule a trial.
These cases are more complicated than they appear at first glance. The government must prove each and every element of the offence and much of that proof relies on statutory paperwork that does not always answer every legal question. Understanding whether the evidence actually establishes the offence requires careful review of the records, the legislation, and the trained ability to spot deficiencies in the records as well as the experience to understand the implications of deficiencies in the records.
That is why anyone facing a driving while prohibited charge in BC should speak with a lawyer who regularly handles these cases and understands the legal and procedural issues involved. We have been defending driving while prohibited cases for decades throughout British Columbia. Our practice focuses on driving law, meaning the law governing interactions with police when you are behind the wheel.
If you have received an appearance notice or promise to appear for driving while prohibited, contact our office right away at 604-685-8889. You can call or text us.