24-Hour Prohibitions

24 Hour Prohibitions

A personal injury claim for a fall, or a “slip and fall” claim as they are commonly known, arises when your fall results from the unsafe conditions or negligence of another party. Even what might seem to be a minor fall can lead to life altering injuries. If you have been injured in a fall, it is important that you obtain legal advice to have your case assessed. Call Cote & Evans Trial Lawyers as soon as possible for a free consult.

When you fall and injure yourself on someone else's property your claim will be subject to the Occupiers Liability Act, RSBC 1996, c 337. The Occupiers Liability Act sets out the duties the person in control of the property has to those on the premises. This duty means taking all reasonable steps to prevent injury to those on the property.

 Any slip and fall claim will start with determining who is the occupier of the property. Though the term occupier and property owner are often used interchangeably, a person or corporation will only be responsible for your injuries if they are in control of the property at the time of your fall. Our team of lawyers at Cote & Evans are ready to consult with you and discuss who may be liable to compensate you for your injuries.

Under section 215.42 of the Motor Vehicle Act, if a breath analysis of a person registers as a warn or a fail a person has a right to forthwith request and be provided with a second analysis and a peace officer must inform the person of that right before the peace officer severs a notice of driving prohibition.

There are various lengths of IRP’s that can be served from 3 days to 90 days. Pursuant to section 215.43 of the Motor Vehicle Act, if the approved screening device registers a “warn”, the person who provided the breath sample is prohibited from driving for:

  1. 3 days for a first prohibition;
  2. 7 days for a second prohibition; and
  3. 30 days for any subsequent prohibition.

However, if an approved screening device registers a fail or if a person refuses to provide a breath sample then a 90 day driving prohibition is served on the person. Any of these driving prohibitions take effect immediately and in the case of a 30 or 90 day prohibition results in an automatic impoundment of the vehicle. Note that police could also impound your vehicle for a 3 or 7 day prohibition as well. Along with prohibition and impoundment there are also various other consequences depending on length of prohibition and other factors which could include:

  1. Monetary penalty;
  2. Towing and/or impound fees;
  3. requirement to complete the responsible drivers program and associated costs; and/or
  4. Installation of an ignition interlock device in a vehicle used for a period of one year along with associated costs. The ignition interlock device is installed in vehicle and requires the driver to provide a breath sample in order to start the vehicle.

Applying for Review if an IRP

You can apply to review a 3, 7, 30 and 90 day driving prohibition but you must apply for a review within 7 days of the date you were served with the Notice of Driving Prohibition. You will need to submit the application for review, pay the review fee in full and book a review date.  You can apply for review at any ICBC licensing center or online at:

https://alpha.gov.bc.ca/gov/content/transportation/driving-and-cycling/roadsafetybc/prohibitions/apply-online

You can seek to have a written review on a 3, 7, 30, and 90 day prohibition but can only seek an oral review for a 30 or 90 day prohibition. It is extremely important that if you wish to proceed with a review that you apply for a review within the 7 days of the date you were served with the Notice of Driving Prohibition as the Superintendent of Motor Vehicles has no authority to conduct reviews after the 7 days have passed.

A lawyer can assist in reviewing and assessing your case and in the case of written review can prepare a letter to the Office of the Superintendent by a specified date and time or in the case of oral review make oral submissions on your behalf. If you receive a driving prohibition and wish to proceed with a review, do not hesitate to contact our office to speak to one of our lawyers.

 

CONTACT US TODAY

8 + 10 =