Ask about how the lawyer will check the prohibition order, request disclosure, and challenge weak evidence. A timely, clear response gives you the best chance to protect your future and your licence.
Being charged with driving while prohibited can feel scary. This charge means the state says you drove a motor vehicle even though a court or the Motor Vehicle Branch had told you not to. You face fines, possible jail time, and a worse criminal record. You should act quickly and make choices that protect your rights, and you can get help from a trusted lawyer at Filkow Law.
What Counts As Prohibited Driving In British Columbia
A prohibition happens when a judge or the Motor Vehicle Branch tells someone they must not drive for a set time. The rule applies to cars, trucks, motorcycles, and, in some cases, vehicles used for work. The order can come after a criminal conviction, a failed driving suspension appeal, or a graduated licensing violation. Examples help make it clear what the charge usually covers.
- Driving after a court order barred you from operating any motor vehicle.
- Getting behind the wheel while a criminal prohibition for impaired driving remains in force.
- Operating an employer vehicle despite being disqualified by the Motor Vehicle Branch.
- Driving while subject to a provincial ban following accumulated penalty points.
Common Reasons Charges Are Laid
Police and compliance officers use plate checks, licence checks, and prior records to spot prohibited drivers. A traffic stop for a separate matter can turn up a prohibition when officers run your licence. Sometimes cameras or automated systems link a vehicle to a driver who has an active ban. Misunderstandings about which conditions or classes of licence are banned also lead to charges. Each situation has different facts that affect how to respond and the strength of the prosecution’s case.
How A Lawyer Would Defend Someone Charged With Prohibited Driving
A lawyer starts by asking the Crown for all the evidence against you. That includes the prohibition order, service records showing you were told about it, police notes, and any electronic logs. Next, the lawyer checks whether the prohibition actually applied to the vehicle class you were driving. Cases succeed when the defence shows the order did not cover the vehicle, the order was not properly delivered, or the Crown cannot prove you knew about it. Another common line is to challenge identification if the record shows only a licence plate and no clear proof of who was driving.
Defence counsel may also argue that the stop or search violated your rights under the Charter. If police stopped you without reasonable suspicion or used information improperly, courts may exclude key evidence. Where the facts allow, the lawyer negotiates with prosecutors for reduced charges or alternate outcomes, such as fines in place of more serious penalties. Every step protects your legal position and seeks to limit consequences.
What Evidence Matters In These Cases
Records and paperwork carry a lot of weight in prohibited driving charges. A notice of prohibition, certified court documents, and service proof show the legal basis for the ban. Police reports, witness statements, and dash camera footage can link a person to the vehicle at the time of the alleged offence. Phone records or GPS logs sometimes help show you were not the driver. A strong defence collects documents that contradict the Crown’s story and highlights gaps where the prosecution can’t meet its burden of proof.
What To Do Right Now If You Are Charged
First, stay calm and read any documents you receive carefully. Do not sign admissions or plea forms without getting legal advice. Keep copies of driving records, court orders, employer letters, and any communication with authorities. Mark court dates on your calendar and attend every hearing. Also, write down everything you remember about the day in question while details remain fresh. Acting quickly makes it easier to gather evidence and build a clear case on your behalf.
Take The Next Step
If you face a prohibition charge in British Columbia, the path forward matters. Find reliable legal help that understands local court practice and can review police files. Bring paperwork to your first meeting and describe the events honestly. Ask about how the lawyer will check the prohibition order, request disclosure, and challenge weak evidence. A timely, clear response gives you the best chance to protect your future and your licence.
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