Driving Law

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. 

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!