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Daniel Freudman
Daniel Freudman, Lawyer
Category: Canada Law
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I was served a notice of prohibition (section 215.41)

Customer Question

I was served a notice of prohibition (section 215.41) for a refusal to provide a sample of breathe. My car is impounded for 30 days and licence suspended for 90. I'm wondering if this is worth hiring a lawyer for or if it cannot be reviewed for a more serious conviction?? Also if there is anyway to appeal for a shorter suspension.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Daniel Freudman replied 1 year ago.

It may very well be worth hiring a lawyer to try to review and/or appeal the Prohibition, since it will likely have serious adverse impacts on your insurance in addition to the license suspension.

Section 215.48 sets out the grounds and process for Review of the Prohibition, specifically,

215.48 (1) A person may, within 7 days of being served with a notice of driving prohibition under section 215.41, apply to the superintendent for a review of the driving prohibition by

(a) filing an application for review with the superintendent,

(b) paying to the superintendent the prescribed hearing fee, and

(c) if it has not been taken by the peace officer or sent to the superintendent under section 215.41, surrendering to the Insurance Corporation of British Columbia his or her licence or permit to operate a motor vehicle unless the person completes and files with the superintendent a statutory declaration stating that the licence or permit has been lost, stolen or destroyed.

Expert:  Daniel Freudman replied 1 year ago.[RSBC%201996]%20c.%20318/00_Act/96318_07.xml#section215.41

If you click on the above link, and scroll down to s.215.48 and 215.49, that should give you an idea of whether you feel you have a chance of success in reviewing the decision, and if so, whether you can do so yourself or wish to retain a lawyer.

Hopefully that is of assistance.

Expert:  Daniel Freudman replied 1 year ago.

Hopefully my answer was of assistance. Would you kindly provide me with a positive rating so I can receive payment for my services. Thank you.