We can help you keep your licence in BC

Losing your driver’s licence significantly affects your life. There are several reasons why you could lose your licence, but the good news is Acumen Law Corporation is here to make sure you keep your licence in BC.

Your driving privileges are constantly under threat in BC. What’s more, getting your licence back after a DUI or driving violation is not always simple. The good news, however, is Acumen Law can save you the trouble. In many cases, our lawyers can help you to keep your licence.

This blog will explain some of the situations that can cause you to lose your licence and how you can keep your driver’s licence, if it’s possible.

Reasons you can lose your licence in BC

There are many reasons why your licence can be suspended in the province. The most common reason why people lose their right to drive is impaired driving. If a police officer suspects you of driving while impaired or with a BAC at or above 0.08, they will issue a driving prohibition.

This may take the form of an Immediate Roadside Prohibition or an Administrative Driving Prohibition. If you are unlucky enough to get one of those, you face losing your licence for 90 days.

In more serious cases, you might be charged with a Criminal Code impaired driving offence. A criminal charge may be issued in cases where there is an element of serious harm or damage as a result of drunk driving. Criminal impaired driving convictions, such as driving at or above 0.08 BAC or failure or refusal to comply with an ASD demand, carry a minimum one-year driving suspension.

It’s not just impaired driving that leads to suspensions, however. You might forfeit your licence for certain offences that involve dangerous driving behaviour. The offences include, but are not limited to, excessive speeding, driving without due care and attention/without reasonable consideration, and stunt driving or racing.

Furthermore, it’s not just “high-risk” offences that can lead to a licence suspension. May violations, like speeding and distracted driving, carry penalty points. If you accrue enough penalty points within a two-year period, the Superintendent of Motor Vehicles will intervene.

As you can see from this chart, the Superintendent can take action, either in the form of a Notice of Intent to Prohibit or an actual driving prohibition, after 15 penalty points.

For new drivers (Class 7 ‘N’ and ‘L’ drivers), intervention action begins after just two penalty points.

How to keep your licence in BC

Now that we have established why you can lose your licence, it’s time to discuss what you can do to keep it from happening.

If you lose your licence to an Immediate Roadside Prohibition, your only way to avoid it is to file an appeal. If your appeal is successful, you will be able to keep your licence. Similarly, if you received a 90-day Administrative Driving Prohibition, your best chance of keeping your licence is to challenge it.

If you are charged with criminal impaired driving, you may find the only way you can keep your driver’s licence is to be acquitted of the charges either before or after a trial.

How to keep your licence after driving violations

 

When it comes to non-impaired driving-related suspensions, the process of keeping your licence is slightly different. Before issuing a driving suspension, the Superintendent of Motor Vehicles may first decide to issue a Notice of Intent to Prohibit. As the name suggests, this is not an actual suspension but rather a warning that you are going to get one. If you receive this letter, there are steps you can take to prevent it from happening.

If you have a bad driving record, you can make a submission to the Superintendent of Motor Vehicles as to why you should be able to keep your licence. To stand the best chance of success, we recommend you hire a lawyer to advocate for you on your behalf. If you are going to do this you must act fast because you only have 21 days from the date of the letter to file your submission.

If you receive a Notice of Prohibition letter, this means the prohibition is already in effect. It is still possible to challenge the prohibition at this point although your best bet is to challenge the driving offence that triggered the prohibition.

What a lawyer can do if you lose your licence

If you lose your licence or you lose a prohibition appeal, don’t give up. There are still things you can do to get a reduced punishment. This is something a lawyer can do that a self-represented person may not. They are often able to argue for a lesser sentence, such as a reduced prohibition or lesser fine.

Are you about to lose your licence? To find out more about how we can help you to keep your licence in BC, call us for a free consultation today at 604-685-8889.