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{{REVIEWED LSLAP | date= August 21, 2020}} {{LSLAP Manual TOC|expanded = motor}} It is an offence under the ''Motor Vehicle Act'' s 95(1)(a) to drive a motor vehicle on a highway or industrial road knowing that they are prohibited from doing so under: * ss 91 (prohibition issued by the Insurance Corporation of British Columbia for an unsatisfied court judgment), * 92 (prohibition against driving relating to fitness or ability to drive), * 93 (prohibition issued by Superintendent in the public interest), * 94.2 (driving prohibition for driving while impaired by alcohol or refusing to provide a breath sample without reasonable excuse), * 215 (24 hour impaired driving prohibition), * 215.43 (immediate roadside driving prohibition), or * 251(4) (prohibition for driving while failing to hold a license, or while an impoundment notice was issued on the license). Then the person commits an offence and is liable: * on a first conviction, to a fine of not less than $500 and not more than $2 000 or to imprisonment for not more than 6 months, or to both, and * on a subsequent conviction, regardless of when the contravention occurred, to a fine of not less than $500 and not more than $2 000 and to imprisonment for not less than 14 days and not more than one year. * The individual's driving record will also be blemished and they will receive a 10 point ''Motor Vehicle Act'' infraction on their record. The term "knowingly" means that Crown must prove beyond a reasonable doubt that the person charged knew that they were prohibited from driving. However, service of a prohibition certificate by registered mail, per Motor Vehicle Act s 95(4)(a) constitutes constructive knowledge, even in cases where the accused never reads the driving prohibition: ''[http://canlii.ca/t/2dtzc R v Wall]'', 2010 BCPC 316. The prohibited driver's vehicle will likely be impounded if caught driving while prohibited. For more information on vehicle impoundment, please see https://www2.gov.bc.ca/gov/content/transportation/driving-and-cycling/driving-prohibitions-suspensions/prohibitions-and-suspensions/caught-driving-while-prohibited. It is advisable that individuals charged with Driving While Prohibited seek out legal advice from a lawyer. It is possible to work out a plea deal with the Crown Counsel to a lesser included offence of Driving Without a Licence pursuant to s 24(1) of the ''Motor Vehicle Act''. The benefits of this resolution are that: * There is no statutory minimum driving prohibition; * No minimum fine amount; and * The individual's driving record will only be blemished with a 3 point ''Motor Vehicle Act'' infraction on their record. {{LSLAP Manual Navbox|type=chapters8-14}}
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