Prohibition from Driving

my story is a little bit long and an year old, but things have resurfaced the old wounds.

Back when i was a student i got a voilation ticket for touching my cellphone apparently (i was not even holding the cellphone nor texting) also i got a three months prohibition. so i paid the fine because of being scared and itimidating the police officer was. i wrote a letter to the supperintendent Motor Vehicle British Columbia explaining the whole story and asked for removing the driving prohibition or decrease the term on it. i never got a reply back and because i got a job at another province i left BC. Even though i gave my girlfriend address still we never recieved anything till now. so in my mind i thought they upheld their decision and i have to serve the 3 months. Sold my car etc did not drove  for some odd 6 months, than in November got my Class 5 driving license in Yukon Territories. However i got a job in BC and moved back to BC. recently i got a speeding ticket which i accept my offense and crime. but the 3 months prohibition (old one) resurfaced, and they want me to acknowledge the ban and give up my license and do the three months which will start upon acknowledging.

i am thinking of disputing the 3 months prohibition since we never got a letter from the Motor Vehicle and they never got back to me on time. what are my chances of winning this dispute. should i or should i not dispute?

Also i got a Yukon License do I have to surrender my license upon ackowledging?

what about this Review Letter ?

Dear Sir,

This is with reference to the 3 month Prohibition # served to me on 9th March 2018, which actually backdates to last year March. In March 2017 (last year), I received a letter about a 3 month prohibition from driving any motor vehicle. I was given the choice of writing back for a review, which I did and I immediately stopped driving too. Since I never heard back from ICBC about my review, I assumed that my review wasn’t approved, so I continued with not driving and sold my car. I moved to Yukon immediately after this and did not drive for another 5 months as well. In January, I moved back to BC and started driving again in January. The part I wasn’t aware of last year was that I was supposed to call ICBC and acknowledge the prohibition to le them know that I have stopped driving or follow up about the review. I assumed that since I stopped driving for the stipulated time period of three months (even more), I am adhering to the regulations by serving my prohibition period. I apologize for my negligence.

This year I was given the prohibition from last year again as being ‘pending’ on my file. I was completely unaware of this pending prohibition as in my mind I had stopped driving last year after the prohibition. I accept my negligence in this regard and request a review of this prohibition, as I work in a bank as a Financial Advisor in Williams Lake now and there is no way for me to get to my workplace, other than a car. There is no transit service in my city that connects my residence and workplace.

I am a law-abiding person and am actively involved in community work as well. I had no intent to violate laws and whatever conspired was a product of my negligence. Thus, I request you to consider the undue hardship with regards to my professional life. I promise there won’t be any violations on my behalf in future.

Regards,

Answer

I've sat and thought about this for a day now.

The circumstances are just a bit too vague and the outcome too important to leave your only source of information to be me. I would strongly suggest that you take advantage of lawyer referral on this one.

Do you still have a copy of the letter you sent to the Superintendent (RoadSafetyBC) and did you send it with proof of delivery? This is really important in cases like this.

Be extremely careful as delivery of the letter to you could be seen as notice that you are prohibited. Check with ICBC to see what your status is before you drive again.

Chances are good that you are also flagged to be served should you be stopped by the police. Unless it has changed, if you are stopped, you will be given a notice that permits you time to drive home and then the prohibition kicks in.

Since you have become a BC resident again, you are required to be a BC driver's licence holder again within 90 days of moving here. Past the 90 days, it doesn't matter that you have what appears to be a valid Yukon driver's licence or not, you need one from BC.

It goes without saying, beware of the vehicle impound for being an unlicensed / prohibited driver. If you are an impound candidate, it does not matter whose vehicle you are driving, police are required to impound it. Employers really take a dim view of having their company vehicles impounded.

if i write again to the Motor

if i write again to the Motor Vehicle in Victoria to review the decision of prohibition. What are the chances of success and also what exactly they look for in the review letter?

Some Success

Generally, what I have heard is that they will sometimes reduce the length of the prohibition, but I've never heard from anyone who had the prohibition cancelled. Usually, they just tell a story as you did here.

However, you seem to suggest that the ticket was issued improperly. If that is the case, my original advice still stands.

how does this sound for a review?

Dear Sir,

This is with reference to the 3 month Prohibition # served to me on 9th March 2018, which actually backdates to last year March. In March 2017 (last year), I received a letter about a 3 month prohibition from driving any motor vehicle. I was given the choice of writing back for a review, which I did and I immediately stopped driving too. Since I never heard back from ICBC about my review, I assumed that my review wasn’t approved, so I continued with not driving and sold my car. I moved to Yukon immediately after this and did not drive for another 5 months as well. In January, I moved back to BC and started driving again in January. The part I wasn’t aware of last year was that I was supposed to call ICBC and acknowledge the prohibition to le them know that I have stopped driving or follow up about the review. I assumed that since I stopped driving for the stipulated time period of three months (even more), I am adhering to the regulations by serving my prohibition period. I apologize for my negligence.

This year I was given the prohibition from last year again as being ‘pending’ on my file. I was completely unaware of this pending prohibition as in my mind I had stopped driving last year after the prohibition. I accept my negligence in this regard and request a review of this prohibition, as I work in a bank as a Financial Advisor in Williams Lake now and there is no way for me to get to my workplace, other than a car. There is no transit service in my city that connects my residence and workplace.

I am a law-abiding person and am actively involved in community work as well. I had no intent to violate laws and whatever conspired was a product of my negligence. Thus, I request you to consider the undue hardship with regards to my professional life. I promise there won’t be any violations on my behalf in future.

Regards,

Sounds Reasonable

I would still spend the $25 and tax with lawyer referral for professional advice before I sent anything.

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