Driving while prohibited is a very serious offence in British Columbia. It can result in an even longer driving prohibition, thousands of dollars in fines and, in some cases, jail. If you have been charged, you may well ask yourself: will I get a criminal record for driving while prohibited?
A criminal record is no joke. It can affect your life in myriad ways. Border officials will be able to see your criminal record whenever you go to another country, it can impact your ability to get a job, get a loan from the bank, see your children.
Will I have a criminal record for driving while prohibited?
If you are convicted of driving while prohibited under s. 95 of the Motor Vehicle Act, you will not receive a criminal record. S. 95 states: “A person who drives a motor vehicle on a highway or industrial road knowing that he or she is prohibited from driving a motor vehicle commits an offence.”
There is an equivalent offence under the Criminal Code called operation while prohibited which would result in a criminal record. It states: “Everyone commits an offence who operates a conveyance while prohibited from doing so”.
In B.C. you are much more likely to face a charge under the Motor Vehicle Act, so you are not at risk of a criminal record. Although you will not get a criminal record for driving while prohibited under the Motor Vehicle Act, the potential punishments you face are still very severe.
What are the punishments for driving while prohibited?
The minimum punishment for a first offence driving while prohibited is a $500 fine. You can also expect an extended driving prohibition. However, the punishment, even for a first offence, can be as much as a $2,000 fine, up to six months in prison or both.
For any subsequent offence, the fine remains between $500 and $2,000, however, the minimum jail term increases to 14 days. The maximum length of imprisonment you can face for driving while prohibited under the Motor Vehicle Act is one year.
If you are convicted of operation while prohibited under the Criminal Code, not only will you get a criminal record, you also face a jail term of up to two years for a summary conviction or up to 10 years if the prosecution proceeds by way of indictment.
What should I do if I am charged with driving while prohibited?
Just because you will not end up with a criminal record for driving while prohibited, does not mean you should accept the charge. As we can see above, the potential punishments are reason enough to fight the conviction.
If you decide to plead not guilty to the offence, it is highly recommended that you hire a lawyer to make your arguments for you. You are innocent until proven guilty and a lawyer is trained to ensure the prosecution proves every single element of their case beyond a reasonable doubt. The lawyers at Acumen Law are experienced at fighting driving while prohibited charges and are willing to help. Call us today on 604-685-8889.