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Driving while Prohibited BC

You are likely reading this article because you were pulled over by a police officer and told that you were driving while prohibited. Many of our clients in similar circumstances were not even aware that they were not allowed to drive. Why does this happen? What are...

Contested divorce vs Uncontested divorce in BC

Divorce is something you may have to face in order to move on with your life. You may imagine two divorce lawyers standing in a courtroom as you often see in TV dramas. This happens much less frequently in real life. There are two types of divorces in BC: Uncontested...

恢复加拿大公民身份(简)

恢复加拿大公民身份 一般资格 为了有资格恢复您的加拿大公民身份,您必须满足以下要求。 你必须: · 已经是加拿大公民 · 在您失去加拿大公民身份后已成为加拿大永久居民 · 没有与您的永久居民身份相关的未满足条件 · 在您申请前的两年内,以永久居民身份在加拿大实际居住至少 365 天,并且 · 在您申请之前的纳税年度已履行您的个人所得税申报义务。 你不能: · 您的加拿大公民身份被剥夺(撤销) · 受遣返令(加拿大官员发出的离开加拿大的命令)或 · 被阻止(禁止)被授予公民身份。 加拿大武装部队成员的资格...
Driving while Prohibited BC

Driving while Prohibited BC

You are likely reading this article because you were pulled over by a police officer and told that you were driving while prohibited.

Many of our clients in similar circumstances were not even aware that they were not allowed to drive.

Why does this happen? What are the consequences? What are your next steps?

 

What does driving while prohibited mean?

A prohibition may be issued to you because of a poor driving record, driving under the influence, or for other reasons decided by the Superintendent of Motor Vehicles.

A driving prohibition may be accompanied by a licence suspension, a fine, or even a criminal conviction.

If you drive while you have a driving prohibition, you may be criminally charged with driving while prohibited, which, for a first offence, carries a minimum fine of $500, a 12-month driving prohibition, and possible imprisonment.

Imprisonment is mandatory for a second offence.

 

How do I know if I have a driving prohibition?

Taking a letter out from a brown envelop.

While some people are aware of their driving prohibitions, many people aren’t. Why does this happen?

It is usually clear whether you are prohibited from driving when a police officer takes away your driver’s license and issues a driving prohibition on the spot.

However, the Office of the Superintendent of Motor Vehicles may also issue a driving prohibition to you by serving you with an administrative driving prohibition.

An administrative driving prohibition is a document containing details about the driving prohibition and is usually mailed to your address.

Unfortunately, this document can be mistaken for junk mail or can become lost during transit.

 

What happens if I drive while prohibited?

  • You will be criminally charged and may be convicted.
  • If you are convicted, you will have a criminal record. If you are not a Canadian citizen, you may face difficulty applying and renewing your visa or permanent residency. You may also face deportation from Canada.
  • A first offence carries a minimum fine of $500, a 12-month driving prohibition, and possible imprisonment.
  • Imprisonment is mandatory for a second offence.

 

Tips from Specht and Pryer

Here are 5 tips related to driving while prohibited from our lawyers. 

1. When you are pulled over by a police officer, be cooperative. You should provide the police officer with basic information such as your name, address, etc. However, please contact us BEFORE giving information related to driving.

2. If you receive a half-letter-size piece of paper, you are most likely criminally charged. However, you are NOT convicted yet.

3. If you were pulled over by a police officer for driving while prohibited, once you return home, check your mailbox to see if you were previously served an administrative driving prohibition.

4. If you are prohibited from driving, please DO NOT drive!

5. If you were charged with driving while prohibited, please contact us. We will help you understand what you are required to do moving forward and may be able to help you avoid conviction or jail time. Please DO NOT drive!

 

You are prohibited from driving, but you need to drive.

You may need to send your child to school or require a vehicle for work. However, if you drive while you are prohibited, there will be serious consequences.

We may be able to help you challenge and defend your prohibition charge.

 

If you are caught Driving while Prohibited in BC, consult with one of our lawyers today.   

 

SPECHT & PRYER Barristers / Solicitors
https://spechtandpryer.com/
Suite 1150 – 789 West Pender Street | Vancouver, BC V6C 1H2
Office:604.681.2500 | Fax: 604.736.0118

 

 

 

 

 

 

 

 

 

Contested divorce vs Uncontested divorce in BC

Contested divorce vs Uncontested divorce in BC

Divorce is something you may have to face in order to move on with your life.

You may imagine two divorce lawyers standing in a courtroom as you often see in TV dramas.

This happens much less frequently in real life.

There are two types of divorces in BC: Uncontested Divorce and Contested Divorce. Let me explain the differences between the two.

 

Getting a divorce in BC

 

Getting a divorce means that two people who are legally married are terminating their marriage.

If you want to get married again, you need to be legally divorced.

If you have children, it is mandatory to plan out a parenting schedule and a child support payment schedule.

You can decide how to divide assets, property and how much spousal support you or your spouse pay to one another, but this is not mandatory.

If you and your spouse have no children, no assets to divide and do not intend to pay spousal support to one another, you can begin filing for divorce without any financial obligation.

Lawyers recommend drafting the conditions, parenting plans and division of property in writing and creating a separation agreement signed by both parties.

In most cases, it is necessary to be separated from your spouse for more than one year by the time you obtain a divorce certificate.

However, this does not mean that you need to live separately from your spouse to be considered separated. You can be considered separated if you and your spouse are living together as roommates, for example.

 

My spouse and I were married outside of Canada.

Can I get a divorce in Vancouver?

 

A sad looking puppy wrapped in a brown blanket.

You can get divorced in BC even if you and your spouse were married outside of Canada, as long as one party has been living in British Columbia for more than one year.

The other party does not need to be resident of BC or Canada.

 

Contested divorce vs Uncontested divorce

 

In an uncontested divorce, both parties agree with the terms of the divorce and are cooperative throughout the process.

In a contested divorce, the parties are unable to resolve disagreements regarding the terms of the divorce by themselves.

The parties can then attempt to negotiate using legal counsel to state their positions in the Notice of Family Claim or Response to Family Claim that is filed in the Supreme Court.

The terms are usually about children, support and property. In some Asian countries, it is difficult to get divorced unless both parties agree.

In British Columbia, however, the other party cannot prevent a divorce by simply choosing not to agree or not to participate in the process.

 

An Uncontested divorce is often referred to as a “happy divorce”

 

We often call a uncontested divorce a “happy divorce” when we explain this concept to our clients.

This usually happens when both parties are “happy” to get divorced form each other.

Even if your spouse is not “happy” with the divorce, you can still achieve an uncontested divorce in certain circumstances.

Lawyers at Specht and Pryer can help you achieve an uncontested divorce so you do not need to go to court.

The cost for a lawyer is comparatively less for an uncontested divorce than for a contested divorce.

 

Contested divorce

 

When the other party files a Response to your Notice of Family Claim, this would be now be considered a contested divorce.

In these cases, the divorce will cost more time and money, and may also be a mentally exhausting process for you, as you may be required to appear in court.

If both parties disagree with the terms of the divorce and are unable to reach a settlement, it may be up to the Judge to decide the terms at trial or a hearing.

Our divorce consultations are available in English, Mandarin, Cantonese, Korean and Japanese. There is no additional fee for translation services used during our consultations.

Please call or email us to book an appointment.

 

SPECHT & PRYER Barristers / Solicitors
https://spechtandpryer.com/
Suite 1150 – 789 West Pender Street | Vancouver, BC V6C 1H2
Office:604.681.2500 | Fax: 604.736.0118

 

恢复加拿大公民身份(简)

恢复加拿大公民身份

一般资格
为了有资格恢复您的加拿大公民身份,您必须满足以下要求。

你必须:

· 已经是加拿大公民
· 在您失去加拿大公民身份后已成为加拿大永久居民
· 没有与您的永久居民身份相关的未满足条件
· 在您申请前的两年内,以永久居民身份在加拿大实际居住至少 365 天,并且
· 在您申请之前的纳税年度已履行您的个人所得税申报义务。

你不能:

· 您的加拿大公民身份被剥夺(撤销)
· 受遣返令(加拿大官员发出的离开加拿大的命令)或
· 被阻止(禁止)被授予公民身份。

加拿大武装部队成员的资格
如果您是加拿大公民,并且您是或曾经是加拿大武装部队 (CAF) 的成员,您也许可以通过加拿大武装部队成员的快速通道程序恢复加拿大公民身份。您必须符合恢复公民身份的资格,但有一个例外是您不需要在申请前两年内以永久居民身份在加拿大居住至少 365 天。根据新的快速通道规则,您必须在申请前两年内至少完成六个月(182 天)的 CAF 服务。

如果您是或曾经是附属于或借调到 CAF 的外国军人,您可能也有资格。您必须满足 CAF 成员的条件,但您不需要成为加拿大永久居民并且不需要履行纳税申报义务。

资料来源: https://www.canada.ca/en/immigration-refugees-citizenship/services/canadian-citizenship/resume-canadian-citizenship/eligibility.html

如需更多有关移民和申请公民的资讯,欢迎致电:
毅杰律师事务所 Specht & Pryer
Tel: 604-681-2500
Email: staff@spechtandpryer.com
地址: #1150-789 West Pender Street, Vancouver BC V6C 1H2
官方网站: www.spechtandpryer.com

 

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Address: # 780 – 789 West Pender Street Vancouver,
British Columbia, Canada V6C 1H2

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