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Tom B.
Tom B., Barrister & Solicitor
Category: Canada Law
Satisfied Customers: 2414
Experience:  25 years in practice
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I have passed my class 5 drivers' licensing test 1 week

Customer Question

I have passed my class 5 drivers' licensing test 1 week after I received a normal speeding ticket while still driving with an 'N'. I am now a class 5 driver and still have time to dispute the ticket, which hadn't gone through the system yet. (I didn't have to pay the fine before taking the class 5 test) I believe I had too many points under the GLP and think that ICBC are going to try and suspend my license - my question(s) is(are)this - What can/will ICBC do about this now that I am fully instated as a class 5 driver?? Are/can they still suspend my license and make me start the entire GLP program again?? I have never been in an accident and I have a safe driving record. If they take my license away I will lose my excellent high - paying job indefinitely. I only have 2 days left to dispute the ticket.. PLEASE HELP!!!
Submitted: 1 year ago.
Category: Canada Law
Expert:  Tom B. replied 1 year ago.
Hello
Unfortunately, there is no clear answer to your question.
What ICBC will do is like asking about the weather. They are in fact the Superintendent of Motor Vehicle licensing with huge discretion. Driving is not a Right but a Privilege and a suspension can be issued at any time when they feel a driver needs to be reminded about the rules of the road.
Looking at your entire driving history, ICBC can determine whether you need a slap and they can do so almost without challenge as long as their decision is reasonable in all of the circumstances. Court challenges are expensive and seldom work except in gross unfairness cases.
I don't think they can reverse your status but can suspend or require further driver training. Certainly they don't care about employment that could be lost. They care only about getting people off the road who cannot play by the rules.
I cannot know whether you should challenge this ticket. I am not aware of the circumstances nor can I advise you personally. However, often people who challenge a ticket find that police do not show up or if they do, a lower offence can be negotiated. In traffic court it is generally the police officer that shows up as the prosecutor as well and can deal.
Certainly challenging the ticket leaves options open. You can always change your mind later and pay the fine before your actual trial. That could be a few months away and it sounds like you desperately need as much time as possible driving well with no infractions. This would be a consideration for ICBC.
If you have a defence on the ticket, then run the trial anyway. If not, you may want to challenge and then discuss settlement a few months from now. Either way, your license is obviously precious to you and your best option is to have as much time on it offence free as possible.
There are few defences to tickets other than it just did not happen.
The law is clear that ICBC has the ability to suspend almost at will. It is just a numbers game whereby a driver gets caught too many times about not obeying the rules and then they use their discretion as they see fit.
Perhaps my answer is not what you were hoping for but it is true. If you need any clarification, please respond. Otherwise, consider rating my answer well for my time despite any disappointment.
Sincerely,
Tom

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