Driving while prohibited is one of the most serious offences in the Motor Vehicle Act. Anyone who drives a vehicle knowing they are suspended is liable to a $500 to $2,000 fine and up to six months’ imprisonment, or both. The vehicle they are driving will also be impounded for seven to 60 days, regardless of whether they own it or not.
The jail term increases to 14 days to a year for any subsequent convictions.
Driving while prohibited defences
We deal with a lot of driving while prohibited cases. Despite the severe punishments that are at stake, it is often the case that our clients simply weren’t aware they had a prohibition.
There are defences available to you if you follow the correct steps but virtually none if you sign anything agreeing to the prohibition.
Acknowledgement of driving suspension
In this case, Mr. Dagenais appealed against a conviction for driving while suspended. He received a prohibition for driving with a blood-alcohol concentration above the legal limit. The Superintendent of Motor Vehicles then extended the suspension until Mr. Dagenais completed a remedial driving program and paid the prescribed fees.
Mr. Dagenais signed an acknowledgment of the suspension and returned it to the Superintendent but never completed the remedial program. He was later stopped by police and charged with driving while suspended.
Representing himself, Mr. Dagenais argued the Superintendent was obliged to re-notify him of the suspension as he had moved addresses several times. He also argued that because there had been a change in the person who held the role of the Superintendent of Motor Vehicles, the previous suspension was invalid.
After he was convicted of driving while suspended, Mr. Dagenais appealed against the conviction to the summary conviction appeal judge. This appeal failed so he appealed again with the Court of Appeal of BC.
Appealing a conviction for driving while suspended
An appeal against a conviction for driving while prohibited is not a do-over of the previous trial. In order to succeed, appeals must demonstrate there is an issue at hand which raises a question of law.
The Court of Appeal of BC found Mr. Dagenais’ appeal against the summary conviction appeal judge’s decision had no merit.
The Court of Appeal judge said: “I find no merit to the arguments that there was an obligation on the Superintendent of Motor Vehicles to track him down after he had moved his residence so as to remind him of his licence suspension.”
To defend a driving while suspended charge, you must demonstrate you were not aware of the prohibition in the first place. There is no obligation on the part of the Superintendent to resend an acknowledgment if you have moved.
I have been charged with driving while prohibited, what should I do?
It is in your best interest to call a lawyer immediately. As we have seen driving while prohibited charges are often complex and there is a lot at stake if you mount the wrong defence. Whatever you do, the most important step is to challenge the first driving prohibition to prevent subsequent prohibitions. If you plan to fight a driving while suspended charge, you cannot ignore it. It is imperative you file an appeal.
As experienced driving lawyers, we know how to find the best defence for your case. Call us on 604-685-8889 now to discuss your case.