OSMV and ICBC driving prohibition considerations

We deal with all types of driving prohibitions including making submissions for OSMV and ICBC driving prohibitions. Clients often ask us what are the considerations for the different types of driving prohibitions.

This isn’t an easy question to answer because there are all sorts of different driving prohibitions and each case is different. For example, in IRP and ADP driving prohibitions cases, personal circumstances are never a consideration. In ADP cases most of the defences are fairly well understood by BC lawyers who conduct a number of these hearings. The Administrative Driving Prohibition law has been in effect for many years and so we can spot the established defences that may succeed.

When it comes to IRP Immediate Roadside Prohibitions, we are still developing defences to these cases. Considerations that would cause the prohibition to be revoked a year ago might not work anymore. Other arguments that were rejected 2 years ago are more likely to succeed as the law has developed and the courts render decisions rejecting the approach taken by the OSMV.

Prohibitions for points are something completely different. Personal circumstances may play a major role in the adjudicator’s decision. However, we have identified certain patterns from all of the cases we have defended which cause us to believe that there are certain outcomes that will usually follow depending on the number, type and frequency of Motor Vehicle Act and Criminal Code convictions on a client’s driving record.

For us it is important to know the considerations. The way we do this is by examining the decisions in OSMV and ICBC driving prohibition cases to get an idea of how our clients’ cases will be viewed. We want to come up with the best strategy to lift the driving prohibition. The way we determine the considerations is by looking at hundreds of cases and speaking about them among ourselves to then develop strategies to help our clients.

If you’re facing a driving an OSMV or ICBC prohibition, call a professional. We are lawyers skilled in dealing with driving prohibitions. We are always refining our strategies to come up with the best approach to deal with driving prohibitions in BC.