We deal with a lot of cases of driving while prohibited in BC. It is one of the most serious offences in the Motor Vehicle Act. It is also a Criminal Code offence. There are many reasons why you might be prohibited from driving. Whether it’s a bad driving record or an Immediate Roadside Prohibition.
Depending on the reason for the prohibition, there may be an opportunity for a lawyer to argue the prohibition was incorrectly applied or is unnecessary. If you are caught driving while prohibited, the Crown must prove mens rea. That means there has to be a knowledge that you knew you were banned and driving would have been against the law.
Another important element of driving while prohibited is the location. In BC, driving prohibitions apply to highways and industrial roads. That means if you operate a vehicle on private property, you do not commit the offence.
The offence of Driving while prohibited in BC
A person commits the offence of driving while prohibited if they operate a vehicle on a highway or industrial road knowing that they are prohibited from driving.
The punishments under the Motor Vehicle Act can be quite severe. Anyone who commits the offence is liable, on a first conviction, to a fine between $500 and $2,000 and/or imprisonment for up to six months.
There is a court-ordered prison sentence starting at 14 days, up to a maximum of one year for any subsequent conviction. Yes, that’s right, a mandatory two weeks in jail for driving while prohibited.
Highway or industrial road
You will notice that the legislation stipulates that you must be on a highway or industrial road in order for the offence to apply. This means it is often up to the Court to decide exactly where a defendant was when they allegedly committed the offence.
It also means there is a potential defence if the prohibited driver was only on private property
Is a road on a Reserve a public highway?
In this case, the defendant, Tracy Robinson, was charged with driving while prohibited. The issue before the Court was whether the Crown proved beyond a reasonable doubt that the location where Ms. Robinson was stopped by a police officer fell within the legislation’s definition of a “highway”.
She had been driving on a road on the Bella Bella Indian Reserve on Campbell Island. The Motor Vehicle Act defines a highway as, “a road, street, lane or right of way designed or intended for or used by the general public for the passage of vehicles”, and “every private place or passageway to which the public, for the purpose of parking or servicing vehicles, has access or is invited, but does not include an industrial road”.
The defence argued the Reserve is a closed community and its location on an island precluded its roads from the characteristics of a public highway.
This did not persuade the judicial justice. The judicial justice said: “It matters not whether Bella Bella is a final destination point for a traveller or a point of passage to another location.” In addition, investment in local infrastructure also “either expressly or by implication” invited the general public to drive on the roads.
What to do if you have a driving while prohibited charge
Driving while prohibited is a serious matter. We have successfully defended clients facing this charge for decades now. It is and we know what’s at stake. We can help get you through this difficult time and in many cases avoid a conviction. Call us now on 604-685-8889.