Many people hear rumours about a friend or a family member who was able to get a restricted license for work when they were issued a driving prohibition. While generally speaking, there are no circumstances in which you can get a restricted license for work, there are some exceptions to that rule.
These exceptions will depend on what is the underlying reason for your driving prohibition. If the driving prohibition you received was for too many points, an Immediate Roadside Prohibition for drinking and driving, or was part of a mandatory minimum sentence upon conviction, then a restricted license, for work, school, or to look after your family is not a possibility.
This is because, pursuant to the conditions of the British Columbia Motor Vehicle Act, any driving prohibition that is imposed is in effect 24 hours a day, seven days a week until it is over.
The court and the Superintendent of Motor Vehicles have no statutory authority to give you a restricted license for work if you are serving a mandatory period of prohibition, or if you are serving a prohibition for points, or for drinking and driving.
The exception, and probably why you may have heard of people being able to restrict licenses for work, are circumstances where you are convicted of a driving-related offence that does not have a mandatory minimum prohibition associated with it.
In those circumstances, courts can order what is known as a discretionary prohibition from driving. However, if you really need your license to work, in some cases, with the consent of the Crown, the court can impose conditions under a period of probation, pursuant to the offence act, which conditions would allow you to have a restricted license for the purposes of work. This means you can drive to and from, and in the course of your employment, or sometimes, certain hours in the day.
Again, this can only be ordered by the court as a probation order, and only if there is no mandatory prohibition.
There are very limited circumstances in which you may receive a limited license for work. These can include some of the following:
- if you receive a driving while prohibited charge, but it is negotiated down to a lesser offence;
- if you received an impaired driving charge that is negotiated down to a lower offence.
If either of those conditions applies then the court can impose a probation order that allows you to drive for work, school or family reasons.
This does not mean that it is automatic, as it will be left up to the discretion of a judge to impose the order. And many times, the Crown prosecutors will not agree to a restricted driving condition. Basically, the stars have to align properly before you can get a restricted license for work. You will have to be charged with the right offences, plead down to the right offences, and have to have a judge and a prosecutor on board.
If your expectation when dealing with your case is that you want to resolve it, and simply get a restricted license for work, be careful, it may not be that easy. That is why you need the expertise and assistance of a lawyer to help you navigate those challenges. So do not hesitate to contact our office.