Application for Review

After you receive a driving prohibition, you cannot drive for the duration of the driving prohibition. Within 7 days of receiving a prohibition, you have the option of filing an application ($200 cost) for a review hearing. Upon filing for review, RoadSafety BC will provide documents that the police officer filed as evidence for the prohibition. Raman will provide an legal opinion based on the strength of your defence in relation to the grounds of review.

Adjudication Hearing

If you choose to proceed with the hearing after receiving a legal opinion, Raman will research case law and prepare evidence for your defence. During the hearing, Raman will advocate for a revocation of the prohibition to the RoadSafety BC adjudicator.

Decision

After the hearing, the RoadSafety BC adjudicator will provide a decision. If the prohibition is upheld, you must serve the prohibition. If the prohibition is revoked, then any fees associated with the review and vehicle impound are refunded, and any imposed fines are cancelled.

Receipt of a Letter

After a violation is registered to your driving record, a review is triggered with RoadSafety BC. A Notice of Intent to Prohibit may be sent to you to warn you of an impending driving prohibition. From the date of the letter, you have 21 days to make written submissions ($100 cost) to RoadSafety BC for a secondary review of the prohibition. If you fail to file for review, you will receive a Notice of Prohibition letter.

A Notice of Intent will not necessarily always precede a Notice of Prohibition. Occasionally, RoadSafety BC will determine that a driving prohibition should be given immediately after a violation is registered. After receiving a Notice of Prohibition, you have two options: 1) you can choose to acknowledge the prohibition, surrender your license and serve the prohibition; or 2) you can file an application for review ($100 cost). Please note that even if you have filed for review of the Notice of Prohibition, you cannot drive for the time period stated in the prohibition letter.

Application for Review

Submissions to RoadSafety BC are, in essence, legal submissions that have to address RoadSafety BC’s guidelines in order to ensure a complete review. Raman will gather information according to these guidelines to ensure they are throughly addressed in her written submissions and advocate for a cancellation of your prohibition.

Decision

Upon receipt of the application for review, RoadSafety BC will conduct a secondary review of your driving record and the prohibition based on Raman’s submissions. The RoadSafety BC adjudicator will provide a decision after the review that will either uphold the prohibition, reduce it or cancel it altogether.