Driving

Many British Columbians make the fatal mistake of paying their violation tickets or trying to dispute them on their own without first obtaining legal advice. A conviction with a violation ticket offence can lead to a monetary fine followed by a hefty insurance premium hike and a lengthy driving prohibition.
Our legal professionals at Howard Smith and Company have experience disputing and defending a wide range of violation tickets. We handle a wide range of violation tickets including but not limited to CVSE inspections, Motor Vehicle Act violations, Motor Vehicle Regulations, and Cannabis Control and Licensing Act violations.

A Notice of Intent to Prohibit or a Notice of Prohibition that is received by mail by a driver may be challenged with submissions in writing to RoadSafetyBC within 21 days of the date of the letter received. All tickets issued under the Motor Vehicle Act for driving offences may be disputed within 30 days of the date of service of the ticket and can be taken to trial at the Provincial Court of British Columbia.Motor Vehicle Act for driving offences may be disputed within 30 days of the date of service of the ticket and can be taken to trial at the Provincial Court of British Columbia. At Howard Smith and Company, we have extensive experience with making submissions on your behalf and have successfully had clients prohibitions lifted entirely. We have also assisted with making submissions to have clients’ prohibitions significantly reduced. For example, we have successfully had clients serving a 3-6 month prohibition reduced to a one or two month prohibition.

Our experienced partners will represent you in both traffic court trials as well as traffic court appeals before the Supreme Court of British Columbia (Appeal Division). When you are facing a driving prohibition, we will advocate on your behalf before RoadSafetyBC and the Insurance Corporation of British Columbia to get you back on the road as fast as possible.

A 90-day Immediate Roadside Prohibition (IRP) is an administrative driving prohibition that comes with severe penalties. In addition to a lengthy driving prohibition, which takes effect immediately, the recipient will also face a 30-day vehicle impoundment, associated towing and storage fees, monetary fines and referrals to remedial programs down the road. An Immediate Roadside Prohibition can have devastating implications for a person. It can interrupt their daily schedule and have an impact on their family. It can also result in the loss of employment. Our team has been defending Immediate Roadside Prohibitions since the law was first introduced in 2010. Despite having provided a breath sample that resulted in ‘warn’ or ‘fail’ Paul has been successful in defending his clients.

Driving while prohibited is a serious offence with serious consequences. Mandatory minimum penalties are in place for offenders found guilty of this Motor Vehicle Act violation. First time offences can face a minimum driving prohibition in the term of twelve months plus a five hundred dollar monetary fine. Repeat offenders can land in jail.

Generally, your insurance policy with ICBC covers things like property damage, personal injury claims, and even hiring a lawyer to defend you in a lawsuit for any claims arising from the car accident. Still, it is important to remember that your insurance policy with ICBC is a contract, and like any other contract, it can be breached. If you breach a contract, you are breaking the contract.