I just received a notice of prohibition in the mail yesterday stating that I am being suspended from driving for 4 months due to my unsatisfactory driving recording and I must surrender my license. I have received 2 tickets in my 10 years of driving, however I still have my 'N', although I have been able to go for my full license for quite some time.
One ticket was for failing to yield to a vehicle (2 points) in June 2013, and a second ticket was recently in May 2015 for speed inside municipality (3 points). The first ticket I paid right away and the second I left past the 30 day period, thus rendering me guilty and now I am being prohibited from driving.
I am just wondering if there is any way that I may be able to cancel or work around this prohibition, as it will greatly affect my work and family life. I have heard other people talk about disputing their ticket and then going to get their full license before being found guilty to retain their driving privileges. Is this true or does it work? Is it too late for me to do something like this or are there things I can do (such as taking the bc safe driving course online) to cancel my prohibition?
I realize my fault for the driving infractions that have occurred and will definitely be more mindful when I am driving, however being stuck without a vehicle and resetting the N stage is something I would very much like to avoid. I would just like to know what my options may be before I look to reducing my prohibition.
If I understand the process correctly, prior to receiving the notice of prohibition, you were to have been sent a notice that the prohibition was on the way and invited to submit your comments.
Did you receive this notice?
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The letter that I received stated that I need to surrender my license to icbc, however I may pay a $100 fee to send them a letter stating why it should be canceled or reduced. I am a bit confused though, as another sheet they sent me stated that purpose of the letter would be only to reduce the term because I received a 'notice of prohibition' rather than a 'notice of intent to prohibit'. I am currently looking into getting an affidavit form requesting an extension to dispute the ticket, although I'm not sure if that will help my situation, and I also I don't know if I have a good reason to ask for the extension or what I would say my reason for dispute is.
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Setting aside a deemed conviction is possible, but you will have to show that you were deemed convicted through no fault of your own. Forgetting the court date would be your fault, but the post office failing to deliver the notice of hearing date to you would be no fault of your own as an example. Perhaps people who were successful in this will add to the thread to give you some idea of what the courts consider to be no fault of their own.
It seems that the decision to prohibit has been made, but you are being given the chance (for a fee) to provide an explanation that might lead to a reduction in the time period you will be prohibited from driving for. My neighbour's son went through this a couple of years ago and after submitting his views was able to have the prohibition time reduced from 3 months to 2 months. If you think that it is worth $100 to make the attempt, particularly if this is your first driving prohibition of any sort, you likely have nothing to lose except the cash.
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Your "other option" is to get into your time machine and go back 9 years and obtain a full class 5 license. The criteria for review and suspension of a full license is, for obvious, reasons set higher.
Your delay in obtaining a class 5 has now come back and bit you, who's problem is that ?
If you don't want to travel back the full 9 years in your time machine, you could just go back to the time you received the second ticket, that, from your comments, you are guilty of, and obtain your class 5 before the second ticket gets on your driving record.
You then would not be subject for review until you had accumulated more than the 4 points that triggers an Instructional license for review.
This incident will hopefully serve as a lesson as to why one should complete tasks such as obtaining a full privlage driver's licenses.
Instructional licenses are not intended to be used for lengthy periods of time, however it is your option.
In choosing that "option" you run the risk of falling victim to the strict scrutiny that comes with that class of license.
...and hey and once you obtain your class 5 then you could take two friends for a drive, legally !
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