Driving Offences – Licence Suspensions

In British Columbia, the courts have determined that the possession of a driver’s licence is not a right, but a privilege. The result is that the institution that controls your licence, ICBC, can do almost whatever it wants in the way of making rules dealing with all aspects of the issuance of licences.

This has become something of a frustration for many people because there is a perception generated by the process that you get punished for an alleged offence before you have been found guilty. In fact, that is the case, but because of the characterization of license possession as a privilege rather than a right, all levels of court have so far refused to step into the situation to create a remedy.

Happily, ICBC must obey the rules of the Motor Vehicle Act when it wants to suspend a license or enforce the suspension of a license. This is virtually the only point in the process were you get a chance to challenge the removal or suspension of your license. We have had two recent cases where the suspension and the enforcement of a suspension were successfully challenged because we were able to prove that ICBC had not complied with the proper process.

Contact John Bethell for more information.

This Article is only intended to highlight legal information of a general nature which readers may find interesting. It is not intended to provide a comprehensive review nor is it intended to provide legal advice of any kind. Readers should not act on information in this article without seeking specific advice on the particular matter. GBC Law would be pleased to provide additional details or to discuss how this information is relevant to a specific situation.

Located in: Criminal Law