driving law

How many points before I lose my license in BC

As an impaired driving lawyer, I get a lot of calls from people who have received traffic tickets and are concerned about losing their license. In particular, they’re concerned about how many points will trigger a license suspension.

Unfortunately, there is no hard and fast answer to this question.

Although there are thresholds on how many points will trigger a driving prohibition, there is more that goes into determining whether or not you’ll receive that prohibition than just the number of points you accumulate.

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The truth about excessive speed

The truth about excessive speed is that it is way more serious than one may think. Most people believe that because excessive speeding offences are only 3 points, so a conviction is not going to affect them as seriously as other offences.

But what they may not be aware of, and what is not marked down anywhere on the ticket, is that excessive speeding is considered to be a high-risk offence.

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Why Does It Matter to Have a Lawyer in Traffic Court?

I wrote earlier this week about traffic court in BC and the disturbing changes that are on the horizon that appear to be aimed at banning lawyers from traffic court hearings.

I’ve received a ton of feedback from members of the public, most of whom are increasingly concerned about the use of these administrative processes to strip away constitutional rights. But some people are also confused – genuinely – about why it would really matter if you did not have a lawyer in traffic court.

Here’s what I have to say about that.

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Is the BC Government Trying to Keep You From Having a Lawyer in Your Traffic Ticket Case?

The BC Government recently introduced Bill 17 – the Miscellaneous Statutes Amendment Act. This legislation aims to change some of the processes currently used in traffic courts. The Government’s description of the changes is that they will move some traffic court matters into an online process, to facilitate easier access to justice.

But I’m not fully convinced that’s the aim

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Can police stop and arrest you on private property?

There are a lot of things police officers can do. They can arrest you for walking into a convenience store and stealing a chocolate bar. They can stop you on the street and ticket you if you’re speeding. They can even demand you to take a breathalyzer test once you’re pulled over if they think you’ve been drinking.

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What constitutes distracted driving?

What exactly constitutes ‘distracted’ has always been a bit complicated. It should be obvious that holding a phone in your hand, whether you are texting, on a phone call, or even changing a song, means you are focusing on something other than the road, and therefore driving distracted. However, based on a new ruling in the BC Court of Appeal that happened yesterday, what constitutes distracted driving may have been clarified a bit, and it appears, it is no longer limited to just a phone in hand.

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Going to Jail for Driving While Prohibited

jail for driving while prohibited

One of the questions I am asked most frequently by clients who are charged with driving while prohibited is whether they can go to jail for driving while prohibited.

And, depending on the circumstances, a driving while prohibited charge in British Columbia can result in a jail sentence. So it is important to consult with a lawyer and understand whether you are at risk of going to jail, and in what circumstances a jail sentence can be imposed.

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