DUI DWI DRE: Impaired Driving Lawyer
Unofficial information about this British Columbia legislation is provided by the following attorney or lawyer:
DUI, DWI & Criminal Legislation in British Columbia
Motor Vehicle Act , section: 232
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Penalties/Suspension on Conviction, Prohibition, Automatic suspension on conviction
232 (1) In this section:
"convicted" includes the granting of an absolute or conditional discharge;
"date of sentencing" includes
(a) the date that the passing of sentence is suspended,
(b) the date that an absolute or a conditional discharge is granted, or
(c) the date that a court
(i) imposes a sentence under the Youth Justice Act or the Youth Criminal Justice Act (Canada), or
(ii) makes a disposition under the Young Offenders (British Columbia) Act, as it read before its repeal by the Youth Justice Act, or a disposition under the Young Offenders Act (Canada), as it read before its repeal by the Youth Criminal Justice Act (Canada);
"motor vehicle related Criminal Code offence" does not include an offence under section 259 (4) of the Criminal Code.
(2) If a person is convicted of a motor vehicle related Criminal Code offence or under a provision that is enacted by a state of the United States of America and that is designated by regulation, his or her driver's licence and his or her right to apply for or obtain a driver's licence are deemed to be suspended for the period referred to in subsection (3).
(3) A suspension under subsection (2) is effective from the date of sentencing, and is, subject to section 233, effective for the following period:
(a) on the first conviction, for one year;
(b) on the first subsequent conviction, whether or not that conviction is under the same provision as the conviction referred to in paragraph (a), for 3 years;
(c) on the second subsequent conviction or an additional subsequent conviction, whether or not that conviction is under the same provision as the convictions referred to in paragraph (a) or (b), indefinitely.
(4) Subsection (3) applies only if,
(a) for subsection (3) (a), the conviction is in respect of an offence committed after the coming into force of this section,
(b) for subsection (3) (b), the first subsequent conviction is in respect of an offence committed after the coming into force of this section and the previous conviction was not more than 5 years before the date on which this section comes into force, and
(c) for subsection (3) (c), the second subsequent conviction or the additional subsequent conviction is in respect of an offence committed after the coming into force of this section and the previous convictions were not more than 5 years before the date on which this section comes into force.
(5) Subsection (3) (b) and (c) does not apply if the subsequent conviction is more than 10 years after the previous conviction.
(6) Despite subsection (3), if the subsequent conviction is within 10 years after the previous conviction, a conviction that preceded the previous conviction by less than 10 years must be taken into account for the purpose of subsection (3) (b) and (c).
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Warning: This is NOT a government web site.