Driving Law

 

Don’t let a Driving Prohibition Stand in your Way

Did you get an excessive speeding ticket? Perhaps you have been served with a Notice of Intent to Prohibit by the Superintendent of Motor Vehicles? Many British Columbians make the fatal mistake of paying their violation tickets or trying to dispute them on their own without first obtaining legal advice. Unfortunately, this tends to be a “penny wise, pound foolish” phenomenon: although some people are able to resolve these issues on their own, many more find that saving a few hundred dollars on a traffic court hearing by representing themselves can lead to a conviction followed by a hefty insurance premium hike and a lengthy driving ban. Thankfully, the ATAC Law Corporation has your back in these situations.

Here at the offices of the Administrative Tribunal Advocates of Canada, we can help you deal with your driving case and get you back on the road as fast as possible. Our experienced partners will represent you in both traffic court trials as well as traffic court appeals before the Supreme Court of British Columbia (Appeal Division). When you are facing a driving prohibition, we will advocate on your behalf before RoadSafetyBC and the Insurance Corporation of British Columbia. Our rates are very competitive when compared to other law firms practising in this area of law and we are always taking on new driving cases.

 

Get a Driving Lawyer

A driving prohibition can ruin your life. It can stop you from working, it can stop you from making an income, and it can deny your freedom and mobility.

You can challenge your driving prohibition, but the rules are different and complex for each type of prohibition:

  • If you have received a 24-hour prohibition, click here.
  • If you have received a drive while prohibited charge, click here.
  • If you have received an immediate roadside prohibition (IRP), click here.

Otherwise, if you have received a Notice of Intent to Prohibit or Notice of Prohibition from ICBC, read on.

ATAC LAW is here to help with:

  • Challenging driving prohibitions
  • Cancelling driving prohibitions
  • Overturning driving prohibitions
  • Appealing driving prohibitions
  • Shortening driving prohibitions

At ATAC LAW, we are driving lawyers. Let our driving lawyers help you. Call our offices for a free initial consultation.

 

Points Add Up (To a Driving Prohibition)

Every year, thousands of driving prohibitions are issued in British Columbia to motorists who have accumulated penalty points on their driving records as a result of driving infractions. Different classes of driver’s licences come with different point thresholds before a prohibition is imposed. A class 5 licence holder might be able to accumulate a couple of speeding tickets, an illegal u-turn ticket, and a disobey traffic control device ticket without receiving a driving prohibition; however, the same number of tickets would likely result in a lengthy prohibition for the holder of a class 7 “N” licence. In addition, some ticketable offences, such as excessive speeding and driving without due care and attention, can result in prohibitions being imposed with fewer points needed.

Many British Columbians are not aware that charges under the Motor Vehicle Act have consequences in addition to fines. A violation ticket for speeding contrary to a municipal sign under subsection 146(6) of the MVA carries three penalty points, while using an electronic device while driving contrary to subsection 214.2(1) of the MVA carries four points. Points can add up quickly, leading to lengthy driving prohibitions. If you rely on your car in order to make a living, such a prohibition could cause you irreparable financial harm.

 

You need a Driving Lawyer who Knows the Law

A skilled driving lawyer with experience in overturning driving prohibitions may be the difference between keeping and losing your job. A driving lawyer who knows the rules is better able to navigate the complex processes involved in overturning a prohibition.

Driving prohibitions triggered by points are challenged in writing: you must submit written argument, evidence, and case law showing why the prohibition should be cancelled, remitted (ended), or shortened. The burden is on the driver to prove the case; ICBC does not need to prove anything at this stage. Ignoring a Notice of Intent to Prohibit or Notice of Prohibition is never a good idea. Driving while prohibited is a serious offence and can lead to hefty fines, further driving prohibitions, and even jail time.

ATAC LAW’s team of experienced driving lawyers know what it takes to make a compelling argument to win a driving prohibition case. When you retain ATAC LAW, you will receive high quality service and will have the peace of mind that your driving prohibition case is in good hands. Our driving lawyers are known for developing new and unique arguments to win cases. For instance, ATAC LAW Founding Partner Dan Griffith recently proved that the Superintendent of Motor Vehicles violated the constitutionally protected principle of the presumption of innocence and won his case for his client.

If you have a driving prohibition case, call or email us today to schedule your initial consultation. Remember, ATAC has your back!

 

Lawyers

Recent Resources

Successful Cases

Client

Class 7 “N” Driver with multiple tickets:

  • Fail to Display N sign (3)
  • Driving in HOV Lane
  • Fail to Produce Driver’s License
  • Use Electronic Device While Driving
  • Client had been prohibited 3 times before

Challenge

The Superintendent wanted to impose a 3-month prohibition.

Result

ATAC LAW succeeded in getting the client’s prohibition cancelled in its entirety.

Client

Class 7 “N” Driver with one of the most series offences – driving without consideration. This ticket was issued because the client cut off a police car.

Challenge

The client faced a six (6) month prohibition.

Result

ATAC LAW succeeded in getting the prohibition shortened from six months to two months – a reduction of 66%.

Client

Class 5 Driver with multiple serious tickets:

  • Drive Without Consideration
  • Speeding
  • Use Electronic Device While Driving

Challenge

The client was facing a two (2) month prohibition.

Result

ATAC LAW succeeded in getting the client’s prohibition cancelled in its entirety.



Successful Cases

Client

Class 7 “N” Driver with multiple tickets:

  • Fail to Display N sign (3)
  • Driving in HOV Lane
  • Fail to Produce Driver’s License
  • Use Electronic Device While Driving
  • Client had been prohibited 3 times before

Challenge

The Superintendent wanted to impose a 3-month prohibition.

Result

ATAC LAW succeeded in getting the client’s prohibition cancelled in its entirety.

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Client

Class 7 “N” Driver with one of the most series offences – driving without consideration. This ticket was issued because the client cut off a police car.

Challenge

The client faced a six (6) month prohibition.

Result

ATAC LAW succeeded in getting the prohibition shortened from six months to two months – a reduction of 66%.

Client

Class 5 Driver with multiple serious tickets:

  • Drive Without Consideration
  • Speeding
  • Use Electronic Device While Driving

Challenge

The client was facing a two (2) month prohibition.

Result

ATAC LAW succeeded in getting the client’s prohibition cancelled in its entirety.