At Jaswal & Krueger, we understand that facing driving charges in British Columbia can feel like being caught out in a stormy sea; confusion, fear, and uncertainty of which direction to take make it easy to feel overwhelmed and disoriented.
Individuals facing driving charges may feel lost amidst legal jargon, potentially severe penalties, and the daunting prospect of court appearances. In these moments, having a knowledgeable and experienced lawyer by your side is like having a seasoned captain who knows the way to calmer waters and safe harbors. At Jaswal & Krueger, we aim to be that guiding light, helping you steer through your storm with confidence and clarity.
To help you get your bearings, this post will clarify the distinctions between driving while disqualified and driving under suspension, two serious offenses with significant legal implications. If you find yourself in these turbulent waters, reach out to our experienced criminal lawyers in Surrey, Abbotsford & Langley for guidance and support.
What is Driving Under Suspension?
Driving under licence suspension occurs when an individual drives despite their license being temporarily revoked. Common reasons for suspension include accumulating too many points from traffic violations, driving under the influence of alcohol or drugs (DUI), and failing to pay fines. Each of these infractions not only leads to the initial suspension but also poses the risk of more severe consequences if the individual is caught driving while under suspension.
The Motor Vehicle Act (MVA) of British Columbia governs driving suspensions in the province. Sections 93 to 100 of the Act detail the grounds for suspension and the penalties involved. The legal consequences for driving under suspension can be equally harsh. Offenders may face hefty financial penalties, similar to those imposed for driving while disqualified. Repeat offenders or those with serious infractions may also face imprisonment. Moreover, driving under suspension can lead to further suspensions, exacerbating the difficulty of regaining driving privileges and complicating personal and professional life.
What is Driving Under Suspension?
Driving under licence suspension occurs when an individual drives despite their license being temporarily revoked. Common reasons for suspension include accumulating too many points from traffic violations, driving under the influence of alcohol or drugs (DUI), and failing to pay fines. Each of these infractions not only leads to the initial suspension but also poses the risk of more severe consequences if the individual is caught driving while under suspension.
The Motor Vehicle Act (MVA) of British Columbia governs driving suspensions in the province. Sections 93 to 100 of the Act detail the grounds for suspension and the penalties involved. The legal consequences for driving under suspension can be equally harsh. Offenders may face hefty financial penalties, similar to those imposed for driving while disqualified. Repeat offenders or those with serious infractions may also face imprisonment. Moreover, driving under suspension can lead to further suspensions, exacerbating the difficulty of regaining driving privileges and complicating personal and professional life.
Key Differences Between Driving Disqualified and Driving Under Suspension
In short, driving while disqualified involves a complete ban from driving imposed by an administrative authority or court. In contrast, driving under suspension involves a temporary revocation of driving privileges due to specific infractions, which, while serious, may not carry the same weight as a complete prohibition.
The penalties for these offenses also differ. Driving while disqualified often results in harsher penalties, including longer prohibitions and higher fines. The judicial system treats this offense more severely due to the defiance of a direct prohibition. On the other hand, driving under suspension, while still serious, might result in varying penalties based on the nature of the original suspension cause.
Both offenses negatively impact driving records, but driving while prohibited can result in more severe long-term consequences. A prohibition signifies a more serious breach of law, which is likely to be viewed unfavorably in any future legal or employment-related background checks.
Steps to Take if Charged
Facing charges for either offense requires prompt action. First and foremost, cease all driving activities immediately to avoid further legal complications. Continuing to drive can exacerbate the situation and lead to additional charges and penalties. Secondly, reach out to a defense lawyer as soon as possible. At Jaswal & Krueger, we will discuss your case, provide legal advice, and explore your options.
The legal process involves understanding the charges and preparing for court appearances. We will guide you through this process, helping you to anticipate possible outcomes and build a strong defense. This might involve challenging the validity of the prohibition or suspension, presenting mitigating circumstances, or negotiating plea deals.
Reinstating Driving Privileges
Losing your driving privileges can significantly impact your life. Regaining them involves several steps, which can be challenging. Administrative hurdles and compliance with legal requirements are part of the process. Individuals must fulfill all terms of their prohibition or suspension, which may include attending programs, paying fines, and adhering to probation terms.
