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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 96434
Experience:  Lawyer
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I just read Law's answer to someone inquiring about getting

Customer Question

Hi Pearl,
JA: The Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: I just read Tom Law's answer to someone inquiring about getting a 90 day driving prohibition in BC though they are from Alberta. Does this still apply? I am only not allowed to drive in BC but I can go get a new Alberta license and can drive here?
JA: Is there anything else the Lawyer should be aware of?
Customer: They took my license and impounded my car. Do I have to pay the 500 dollar fine?
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 5 months ago.
Category: Canada Law
Expert:  Legal Ease replied 5 months ago.

The answer still applies.

Your licence suspension is a provincial one only and does not apply in another province.

This type of suspension is where there is no conviction so it is not at all likely that Alberta would suspend your licence for this issue.

Let me know if you need any further clarification.

Customer: replied 5 months ago.
Well I talked to the Alberta provincial traffic court today, and I was told that they have an agreement with British Columbia and that the suspension, fines, and penalties I was ordered by the BC govt will be enforced in Alberta. Why do I keep hearing different responses to a law?
Expert:  Legal Ease replied 5 months ago.

As far as I understand it when the prohibition is under the Motor Vehicle Act and is not a suspension under the Criminal Code it doesn't apply outside of BC.

Customer: replied 5 months ago.
Is there somewhere I could get this in writing? My employment depends on it so I would like to show my boss
Expert:  Legal Ease replied 5 months ago.

I cannot find anything clear to show him but you can show him this conversation.

Customer: replied 5 months ago.
Ok thanks a lot, so I guess the only way to know for certain is if it shows up on my drivers abstract correct? Thanks for your help
Customer: replied 5 months ago.
What about the Alberta traffic safety Act section 94(1)- 3?
Expert:  Legal Ease replied 5 months ago.

That is about when your licence is suspended. Your licence is not suspended in BC. You are prohibited from driving for 90 days. But there is no conviction as it is an administrative act.

So you have a valid licence but simply cannot drive in BC for 90 days.

That is how I and the other lawyer who is in BC understand it. He is no longer active on this site which is why I stepped in to answer.

Customer: replied 5 months ago.
They RCMP did take my license though, it was an IRP (immediate roadside prohibition), not an administrative prohibition, does this make a difference to my previous questions?
Expert:  Legal Ease replied 5 months ago.

That is what I am talking about. This is an automatic prohibition that is given by the police and there is no charge or conviction. You just cannot drive for 90 days in BC.

Customer: replied 5 months ago.
But on the IRP I recieved it says "immediate 90 day license suspension"
Expert:  Legal Ease replied 5 months ago.

I know that but when you read the act it sounds like that is not the case as it is a driving prohibition. I can't add anything further because I can only know what I've read myself. I am not in BC though as I said the other lawyer who provided the first answer is. That he's a criminal lawyer there so I can only suspect that he is correct.

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