At the ripe old stage of being a near 3-year call (meaning I’ve been a lawyer for just under three years at the time of writing this blog post), I have handled numerous Notice of Intent to Prohibit and Notice of Prohibition cases. Acumen Law gets such files regularly. What typically happens is this: an individual gets a letter in the mail saying their driver’s license has been cancelled, or about to be cancelled, and that individual wants help in writing submissions to get the driving prohibition reduced or cancelled. Other times, an individual is stopped on the road by the police and issued a Notice of Prohibition, meaning their driver’s license has been suspended and they cannot legally drive anymore.
Some people prefer to dispute their Notice of Intent to Prohibit and Notice of Prohibition by themselves. After all, legal fees are expensive, right? And given the rampant inflation and high costs of living, who doesn’t want to save on those legal fees that otherwise would have gone to a lawyer?
A considerable number of clients come to us after they have disputed their notices and their driving prohibition has been upheld or minimally reduced. Time and time again, I noticed similar mistakes in their submissions. These are the top three:
1. Not explaining why driving is the only feasible mode of transportation.
Let’s say you need your driver’s license to drive to work. Some clients will write that they work in X city and live in X city, so they need to drive to work. What they fail to explain is why they cannot feasibly take public transportation, or get a friend or family member to drive them to work, or why they cannot get permission to work from home for the duration of the driving prohibition.
It is important to keep in mind that driving is, first and foremost, a privilege. Simply saying that you need your driver’s license to get to work or school is not enough. It is nobody’s “right” to drive anywhere. There is a reason why public transportation, Ubers, and taxis exist.
2. Not explaining how you are currently managing without a driver’s license.
A considerable number of people do not understand two crucial aspects of a Notice of Prohibition:
First, that the person who is issued a Notice of Prohibition is already prohibited from driving. It does not matter whether you sign and acknowledge the Notice of Prohibition. You are still prohibited from driving. And if the police were to pull you over, you may be charged with driving while prohibited (this could be a criminal offence, depending on the circumstances).
Second, that you must sign and submit the Notice of Prohibition for the driving prohibition “countdown” to begin. Let’s say John Doe got issued a 5-month Notice of Prohibition. If John Doe refuses to sign the Notice of Prohibition, he is nevertheless prohibited from driving and that driving prohibition continues indefinitely until he signs and submits the Notice of Prohibition OR if he gets pulled over by police and issued a roadside driving prohibition (then the 5-month countdown will start from the date he got issued the roadside prohibition).
Understanding that being issued a Notice of Prohibition means you are already prohibited from driving is important. If you wish to increase the chances of reducing or canceling the prohibition, you need to explain how you are currently managing without your driver’s license in your submissions. Many people write that their driver’s license is integral to driving their children around, or taking their elderly parents to their medical appointments in rural communities, or for X reasons. What their submissions fail to do is explain how they are managing without their license and how getting their driving privileges back earlier will not jeopardize public safety. The result? The adjudicator may very well reject such submissions.
3. Not including supporting documents.
There is a reason why the “Application for Review” form states: “Your written submissions must… [i]nclude any relevant supporting documentation.” Often, people who choose to dispute their driving prohibitions simply write that they need their driver’s license for X reasons and fail to include relevant supporting documentation.
Relevant supporting documentation can range from paystubs, doctor’s notes, rental agreements, letter from employer/work supervisor, proof of taking driving lessons from an ICBC-approved driving instructor, etc. Anything that can show your submissions are true and not fabricated. For instance, if you need your driver’s license to drive to haul equipment and materials because you work in construction, you could include a letter from your supervisor. Your supervisor could explain that you are employed for X duties and include photos of your vehicle when it is full of equipment and work materials. If your job requires you to work on site and you live in an area that is not served by public transportation, you can include screenshots from Google Maps showing that it is not possible to take public transportation.
Bear in mind that avoiding these mistakes does not necessarily mean your driving prohibition will inevitably be cancelled or reduced. But it is worth retaining a lawyer to write your submissions. The lawyers here at Acumen Law know how to increase the chances of getting your driving prohibition reduced or cancelled.
If you write your own submissions and the driving prohibition is upheld, you may lose work opportunities or income if your job requires you to have a driver’s license. The money you lose from such opportunities or income can be substantially more than paying legal fees to someone who is familiar with disputing Notice of Intent to Prohibit and Notice of Prohibitions. You may also lose the convenience of driving to get groceries for a longer period of time than if you had straight-up retained a professional to write your submissions. Our advice? Call us and we can get started on disputing your Notice of Intent to Prohibit or Notice of Prohibition for you.