Driving Charges and Prohibition Letters
The Superintendent of Motor Vehicles has recently renamed itself RoadSafetyBC and is responsible for overseeing the privilege of driving in British Columbia.
Offences such as Excessive Speeding and Distracted Driving are now classified as high-risk offences by RoadSafetyBC as part of the Driver Improvement Program. Driving records of all licensed motorists are constantly monitored in B.C. and interventions and driving prohibitions can be put into effect if a driver receives too many points on their driving record or is convicted of more than one high-risk offence in a two year period.
A Notice of Intent to Prohibit or a Notice of Prohibition that is received by mail by a driver may be challenged with submissions in writing to RoadSafetyBC within 21 days of the date of the letter received. All tickets issued under the Motor Vehicle Act for driving offences may be disputed within 30 days of the date of service of the ticket and can be taken to trial at the Provincial Court of British Columbia.
R. v. P.B. 
Client facing charges of Impaired Driving and Over "80" as a result of being found asleep in a parked car. Mr. Shapray was able to demonstrate potential trial problems for the prosecutor on the legal issue of "care and control" which resulted in a "deal" to plead guilty to a Motor Vehicle Act charge - NO CRIMINAL RECORD!
R. v. J.G. 
Client facing very serious driving offences in both Vancouver and Victoria. Client with First Nations background and troubled personal history. Mr. Shapray arranged for comprehensive Gladue report and negotiated with prosecutors in both cities who agreed to waiver of all charges into First Nations Court in New Westminster and favorable resolution for the client.
R. v. J.D. 
Client charged with Driving while Prohibited and facing the mandatory minimum sentence of a 1 year driving prohibition and a fine. Client completed some counselling and negotiation with prosecutor led to a plea to lesser offence of not having a license and a probation allowing him to drive for work.
R. v. M.P. 
Client charged with Impaired Driving, Over .08 and Refusal in relation to car crash into parked cars in a driveway of a house captured on video. Case resolved prior to trial with plea to Drive Without Due Care under the Motor Vehicle Act - NO CRIMINAL RECORD!
R. v. D.D. 
Elderly client charged with Drive While Prohibited and facing automatic 1-year driving prohibition if convicted. Mr. Shapray negotiated a settlement with the prosecutor which resulted in a plea to the lesser offence of No Driver’s License which led to there being no mandatory driving prohibition. Client allowed to drive during the day and only subject to curfew driving at night which permitted him to continue to drive for work/business and personal matters.
NO MANDATORY DRIVING PROHIBITION.
R. v. S.S. 
Client charged with Driving While Disqualified under the Criminal Code and Drive While Prohibited under the Motor Vehicle Act. Client had a lengthy driving record and the prosecutor was initially seeking a jail sentence which would be devastating as he is a single parent. Mr. Shapray was retained after client was unhappy with the progress made by his original lawyer. As a result of challenging some factual issues in the case and negotiations with the prosecutor the case was resolved with a non-jail sentence which allowed client to keep his job.
CASE RESOLVED - NO JAIL TIME.
R. v. I.W. 
Client was charged with Driving While Prohibited and facing a minimum sentence of a 1 year driving prohibition. Client was a single mother and was required to continue to be able to drive for work to support herself and her child. Mr. Shapray negotiated a resolution with the prosecutor that resulted in a plea to a lesser offence under the Motor Vehicle Act resulting in a Probation order that allowed her to continue driving for work and only serving a driving prohibition at night
PLEA TO LESSER OFFENCE RESULTING IN PROBATION ORDER.
R. v. R.P. 
Client was charged with Driving While Prohibited and facing a minimum 1-year driving prohibition. Negotiations during the early stages of the proceedings led to a plea deal that allowed the client to plead guilty to not having a driver’s license (lesser charge) and avoiding the minimum 1 year driving prohibition
PLEA TO LESSER CHARGE.
R. v. B.G. 
Client charged with Driving While Prohibited and facing a minimum 1 year driving prohibition. Client relied on vehicle and license for employment and Mr. Shapray was able to negotiate and resolution of the file to the lesser and included offence of not having a driver's license which had no minimum driving prohibition. Client received a 10 month reduction in driving prohibition and was only sentenced to a two month prohibition.
PLEA TO LESSER OFFENCE AND REDUCED DRIVING PROHIBITION.
R. v. J.M. 
Client was charged with Driving While Prohibited and facing a minimum sentence of a 1 year driving prohibition. Mr. Shapray negotiated a resolution with the prosecutor that resulted in a plea to a lesser offence under the Motor Vehicle Act resulting in a reduced driving prohibition and fine prior to trial.
PLEA TO LESSER OFFENCE RESULTING IN REDUCED DRIVING PROHIBITION AND FINE.
R. v. N.G. 
Client charged with Drive While Prohibited was facing mandatory minimum jail sentence and one year driving prohibition due to previous conviction for the same offence. As a result of a strategic plan put into place by Mr. Shapray, client was able to obtain a license and demonstrate life changes and a re-focused emphasis on good driving. Case ultimately resolved with a plea to 2 lesser charges under the Motor Vehicle Act for a fine only – NO JAIL and NO DRIVING PROHIBITION.
NO JAIL and NO DRIVING PROHIBITION.
R. v. A.Z. 
Client was served with a 4 month Notice of Intent to Prohibit him from diving due to a poor driving record. Mr. Shapray was retained to make written submissions to RoadSafety B.C. on behalf of the client resulting in the Superintendent of Motor Vehicles CANCELLING the proposed driving prohibition and client was allowed to continue driving.
PROPOSED DRIVING PROHIBITION CANCELLED.
R. v. G.D. 
Client was served with a 5 month Notice of Intent to Prohibit from driving by RoadSafety BC. Mr. Shapray drafted written submissions to the Superintendent of Motor Vehicles on behalf of the client resulting in the proposed driving prohibition being cancelled.
PROPOSED DRIVING PROHIBITION CANCELLED.
R. v. P.S. 
Client charged with Drive While Prohibited and was facing a minimum one-year driving prohibition if convicted. This would have been devastating on client’s employment which required her to drive. Client’s positive background and issues with the evidence raised by Mr. Shapray who ultimately was able to resolve the case for the client before trial with a plea to a lesser offence of not having a drivers license – NO FURTHER DRIVING PROHIBITION.
PLEA TO LESSER OFFENCE - NO FURTHER DRIVING PROHIBITION.
R. v. S.K. 
Client initially charged with serious criminal charges arising out of incident at party. Mr. Shapray retained early in the investigation to provide strategic advice which led to criminal charges NOT being approved. Serious Motor Vehicle Act charges laid after a number of months. Charges eventually DROPPED by prosecutor after Mr. Shapray filed an application to have the charges DISMISSED as a result of an unreasonable delay.
R. v. H.G. 
Charges of Drive While Prohibited DROPPED on trial date after negotiations between Mr. Shapray and the Crown Prosecutor.
R. v. D.S. 
Speeding charges DROPPED at trial after negotiations with prosecuting police officer.