Letter From The Superintendent: Prohibition For Points
When faced with a driving prohibition for points, the only initial process available is to write to the Superintendent of Motor Vehicles to challenge the driving prohibition. We are asked several times a week to write a letter on behalf of our clients.
These letters are very important because they are really your only chance to plead your case and to try to regain your license. Often an experienced driving lawyer is in a better position to plead their client’s case. There are many reasons for this. One is because an experienced lawyer knows the arguments that work and the factors the Superintendent considers. It is not uncommon for us to see people who have written in requesting a prohibition be lifted, only to have their request denied. In most cases, we may have been able to achieve a better result for our clients.
Speeding, failing to stop at a red light or stop sign are also considered offences that pose a particular danger to the public.
The written response must be well put together and should properly set out all the factors the Superintendent will consider. For example, personal background, driving attitude, driving record, and steps taken toward rehabilitation are all important points that the Superintendent will take into account on review of a driving prohibition for points.
Different Motor Vehicle Act offences are looked at differently. For example, alcohol related offences are viewed more harshly than failing to signal. Speeding, failing to stop at a red light or stop sign are also considered offences that pose a particular danger to the public. Excessive speeding tickets in particular are very damaging. Even tickets that carry no points can be viewed negatively.
The reason why most individuals are prohibited from driving is traffic tickets, i.e., Motor Vehicle Act offences. If you are a new or Class 7 driver even one ticket will likely cause you to be prohibited. And if you are a new driver and you are prohibited you have to start your 2 year period all over again. The only way to keep this from happening is to successfully dispute the driving prohibition for points.
Certainly it is best to keep your driving record as clean as possible and avoid a driving prohibition. You have a right to dispute any Motor Vehicle Act ticket – and you should get legal help to make that decision and to dispute a ticket. An experienced and successful driving lawyer is in the best position to help you do this. A lawyer will meet with you to review your driving record and explain your options based on your driving history and personal circumstances. BC Driving Lawyers write several of these letters a week, and our lawyers know the arguments that succeed and those that do not. Many of our clients are grateful to keep their driving privileges intact after seeking our assistance.
If you do have a ticket or tickets on your record and you get a letter from the Superintendent of Motor Vehicles informing you of a driving prohibition, you should get an experienced lawyer to assist you with your written response. The Superintendent will re-consider your case. A driving prohibition is not automatic. A Reviewing Officer will send you a decision.
PS: Your complete driving record may be taken into account. Your driving record is accessible to the authorities forever – not just five years as some people think.