If you get a RoadSafetyBC letter telling you that they’re prohibiting you from driving or they intend to prohibit you from driving, you need to jump into action. In most cases you have a short period of time to challenge the proposed prohibition. In other cases, you may dispute the prohibition that’s already in effect. In either case, you’ve got to get moving.[pullquote]The package of material needs to include evidence and persuasive submissions if you wish to have a realistic chance of making your case. What evidence should be included? What should the submissions cover?[/pullquote]
Notice of Intent to Prohibit
This RoadSafetyBC letter notifies you that you will be prohibited from driving for a certain period unless you take steps to explain why this shouldn’t happen. You have a very short period of time to make your submissions. The date of the letter starts a 21-day window of opportunity to dispute the impending prohibition but the letter doesn’t usually arrive very quickly, so by the time you get it you may already be short on time.
To challenge a Notice of Intent there are various issues that need to be properly covered. it’s not simply an issue of telling a sob story. The package of material needs to include evidence and persuasive submissions if you wish to have a realistic chance of making your case. What evidence should be included? What should the submissions cover? There is no definitive answer to these questions. Typically after sitting down with your lawyer you will develop a plan to put together the best package to submit to challenge the prohibition.
Notice of Prohibition
There are many types of Notice of Prohibition but the one that usually comes by way of a RoadSafetyBC letter is in fact a follow up to a Notice of Intent. Although the prohibition starts the moment you receive it, you can still challenge the prohibition if you act fast. Disputing a prohibition for points after the 21-day Notice of Intent window has closed is a different procedure and it does not lift the driving prohibition during the time that you’re disputing it. The prohibition stands, but you can seek a reduction of the duration. On rare occasions it may be retro-actively revoked and removed from your record. Most of the time, however, it’s an issue of securing a reduction of the prohibition that you’re already serving by getting quality legal submissions and evidence before the adjudicator as quickly as reasonably possible.
Time to Decide
In either case, the policy of RoadSafetyBC is to try and make a decision 21-days from the date they receive the package from you or your lawyer. Your time is tight because you have a lot of work to do in a short period of time.
If you just received a Notice of Intent or Notice of Prohibition in a RoadSafetyBC letter, it’s time to decide how you’re going to deal with it.
We deal with every type of driving prohibition in BC and we handle cases from all regions of the province. If you’ve received a RoadSafetyBC letter, give us a call and we’ll get on the job of challenging your driving prohibition.