Driving prohibitions incoming from 2017 traffic enforcement blitzes

We’ve recently received word that many driving prohibitions are now being issued as a result of high-intensity traffic enforcement blitzes by police earlier this year.

Police have been busy. Just in Burnaby alone, an enforcement blitz in March resulted in 764 distracted-driving tickets. That same month, on a single day, Victoria police conducted a blitz that resulted in “at least 100 tickets” for cellphone related offences. And over the May long weekend, a BC wide enforcement blitz was conducted. It traditionally results in more than 1,000 speeding tickets issued over a few days. Many drivers caught at the time paid these tickets without a second thought. They were unaware that excessive speeding and distracted driving offences are considered offences where just one or two violations could result in a driving prohibition.

Now, the Superintendent of Motor Vehicles has gotten around to reviewing the drivers records of those ticketed earlier this year. Many of these drivers may be surprised to receive a Notice of Intent to Prohibit in the mail. Getting one of these generally means you are going to lose your driving privileges. Fortunately, we can help.

Driving prohibitions: Notice of Intent to Prohibit

So you’ve received one of these notices. First, it’s important to understand what this means. A Notice of Intent to Prohibit is not a driving prohibition in itself. It’s a Notice telling you that you have 21 days to make submissions to explain why the prohibition should be cancelled or revoked. IF YOU DON’T RESPOND within the 21 day window, you will be automatically prohibited from driving. This is the time you have to get your affairs in order, or to choose to dispute that a prohibition should be issued at all.

If you decide to dispute the Notice of Intent within the 21 days, your case will be considered by the tribunal at RoadSafetyBC (AKA the Superintendent of Motor Vehicles), who may reduce any potential driving prohibitions or revoke the Intent to Prohibit entirely.

There are many good reasons why you should dispute the Notice of Intent. We are often successful in these case and are able to have the length of the driving prohibition significantly reduced or cancelled entirely.

Considerations on the review

Everyone’s driving record and everyone’s circumstances are different. Paul Doroshenko has been making submissions to the Superintendent of Motor Vehicles in response to Notice of Intent letters for over 17 years. We’ve reviewed the tribunal’s decisions letters to craft our response to the proposed driving prohibitions and to ensure that we cover the legal arguments that may cause submissions to be rejected. Our lawyers are trained to address the issues that the tribunal is statutorily required to consider as well as the subtle vagaries that arise from each person’s circumstances. We can do that because we’ve reviewed thousands of tribunal decisions.

What if I don’t contest notices for driving prohibitions?

If you don’t contest the Notice of Intent to Prohibit, you will receive a second letter that requires you to acknowledge that your driving privileges are suspended. If you have tickets outstanding, the Superintendent of Motor Vehicles can extend the driving prohibition (make it longer) if convictions show up on your record while you’re already prohibited.

Appealing a prohibition decision of BC Supreme Court

If the Superintendent rejects your submissions, you are entitled to appeal the prohibition in BC Supreme Court. Even if the Superintendent has already reduced your driving prohibition period, you can still appeal to Supreme Court to have the prohibition overturned. Unlike the dispute process for a Notice of Intent, your case is heard by a Supreme Court judge and not an adjudicator appointed by the Superintendent of Motor Vehicles. The difficulty with an appeal to BC Supreme Court is that it’s expensive, it can take months and you have an uphill battle because one tribunal has already decided against you. It’s a tough case to make with a bad driving record unless the adjudicator failed on the face of the decision to properly consider your submissions.

It’s important to challenge driving prohibitions early

Traffic tickets in BC are subject to a 30-day limit for appeal. The Notice of Intent is subject to a 21-day limit from the DATE OF THE NOTICE. These are short time frames, and stress just how important it is to act immediately upon receiving a ticket, a Notice of Intent, or a Notice of Prohibition. Failing to do so may result in longer and longer driving prohibitions.

If you have received a Notice of Intent to Prohibit, the best idea is to call a lawyer experienced in challenging driving prohibitions before it’s too late. The sooner you call us, the more we can do to challenge the proposed driving prohibition.