Receiving a Notice of Intent to Prohibit from the Superintendent of Motor Vehicles in British Columbia can result in more onerous consequences for some people compared to others. While the notice can feel final, it is important to understand that a driving prohibition is not automatic. You have a limited opportunity to respond and ask the Superintendent to reconsider.
What you do next can significantly affect whether you keep your licence.
Understand That a Written Response Is Your Only Initial Remedy
If you have received a Notice of Intent, then your option is to submit a written response to the Superintendent of Motor Vehicles requesting a review. There is no in person hearing at this stage. This written submission is effectively your one opportunity to plead your case and explain why a prohibition should not be imposed or should be reduced. If no response is submitted within the deadline, then the intended prohibition will take effect.
Many people write their own letters only to have their requests denied. This often happens because the submission lacks details and are not convincing. An experienced driving lawyer is often in a stronger position to prepare this response because they understand which arguments tend to succeed and which factors the Superintendent places the most weight on. The submission should be well organized, detailed, and relevant.
Special Risks for New and Class 7 Drivers
For new or Class 7 drivers the consequences are often more severe. Even a single ticket can result in a prohibition. If a new driver is prohibited their two year probationary period is reset and must be started again. In these situations successfully disputing the driving prohibition may be critical to avoiding long term setbacks.
The Decision
After reviewing the written submission an adjudicator acting on behalf of the Superintendent will issue a written decision. The decision may cancel the prohibition, reduce the length of the prohibition, or confirm the prohibition as proposed.
Consider Legal Assistance Early
If you receive a Notice of Intent to Prohibit seeking help from an experienced British Columbia driving lawyer can significantly improve your chances of success. A lawyer can prepare a focused and persuasive written response.
A Notice of Intent to Prohibit is a warning rather than a final outcome. However the window to respond is short and the written submission is your only opportunity to influence the Superintendent’s decision. Understanding the process, addressing the correct factors, and obtaining experienced legal guidance can make the difference between keeping your licence and facing a driving prohibition.