In many blog posts, we have discussed how easy it is for the Crown to prove driving while prohibited offences. There are only three things that must be proven: that you were prohibited, that you knew you were prohibited, and that you drove. The Motor Vehicle Act sets out evidentiary shortcuts that allow the prosecution […]
Top 5 mistakes police make on driving while prohibited charges Continue Reading »
The Motor Vehicle Act does not set mandatory minimum penalties for every offence. However, it does set out minimum penalties for many of them. The mandatory minimum penalties are often something beyond people’s ability to afford. For example, for excessive speeding, the penalty is a $368.00 fine. If the speed limit is exceeded by 60
A common misconception that we see when dealing with Driving While Prohibited cases, is that people believe that because they’ve been charged with DWP, they think they are ineligible to get their license back. This is not true.
I got charged with driving while prohibited. Can I still get my license back? Continue Reading »
Because we defend so many Immediate Roadside Prohibitions for drinking and driving, we see a lot of police mistakes. We also get a lot of calls from clients who have received DUI charges asking about mistakes police have made on their paperwork. Some mistakes made by police will have absolutely no impact on the outcome,
Top 5 Mistakes Police Make in an Immediate Roadside Prohibition Continue Reading »
Driving While Prohibited cases are notoriously easy for the prosecution to prove. This is because a very low standard of evidence is necessary to prove the offence. But, a lot of times the evidence required to prove somebody is guilty of driving while prohibited is evidence actually provided by the driver themselves based on their
Top 5 Mistakes people make when charged with driving while prohibited Continue Reading »
The ignition interlock device is many people’s biggest fear. People do not want to have the stigma, the inconvenience, the hassle or the expense of having an ignition interlock in their vehicle. But what exactly is it?
What is an Interlock and how does it work? Continue Reading »
The penalties for driving while prohibited depend on your number of prior convictions. If you are convicted of Driving While Prohibited, a first offence carries a mandatory minimum penalty of a $500 fine and a one-year driving prohibition. A second conviction carries with it a mandatory minimum conviction of 14 days in jail. It doesn’t
Can I go to jail for driving while prohibited? Continue Reading »
People who have their vehicles impounded in British Columbia often contact us asking whether they can dispute the car impound, and if yes, how they can go about it. A vehicle impoundment in BC can happen for a number of reasons, such as an officer alleging you’ve committed certain offences, as a result of an
Can I dispute my car impound? How do I dispute my impound? Continue Reading »
Impaired driving investigations are complex. There are certain rules the police must follow in a DUI investigation, and if they don’t, it can provide a defence in a DUI allegation. There are identifiable categories of mistakes that police can make. In this post, we will discuss the four mistakes that police sometimes make in DUI
The four mistakes that police make in DUI investigations Continue Reading »
People contact us from different professions and ask us about the impact an IRP may have on their professional obligations. Regulatory bodies that govern the work of doctors, realtors, insurance agents, teachers, etc. have different rules if one of their employees receives certain charges, convictions, traffic tickets or other sanctions. If an employee receives one
I’m a lawyer and I got an IRP; do I need to report it to the Law Society? Continue Reading »
People often wonder whether driving while prohibited is considered a criminal charge. The answer is both yes and no. The charge of driving while prohibited can be prosecuted in two different ways and the manner in which the case can be prosecuted entirely depends on the reason for your driving prohibition.
Is driving while prohibited a criminal charge? Continue Reading »
Many people are concerned about the impact that an IRP can have on their employment, and about the reputational damage that can come from having an IRP disclosed to their employer. As a result of this, a question we get from some of our clients is whether or not they have to tell their employer
Do I need to tell my employer about my IRP? Continue Reading »
