Question: Somebody stole my wallet last May, including my driver's licence. I reported it to both ICBC and the RCMP, received a police file number and a new license.
Today I got notice by mail at my current address that my license had been subject to a 90 day suspension (section 215.42 MVA) in September and I am apparently required to attend a driver remediation program now being required. I have never received a DUI myself, and I had a very clean record up until now apparently.
I spoke with the RCMP detachment where my license was stolen (I have since moved) and they could not provide me any information except they would ask the ticketing officer to call me. The RCMP traffic person confirmed that my license has in fact suspended.
I spoke with my old landlord and there is no mail at my old address from ICBC or government regarding any charges, court dates, tickets, suspension etc.
Is there any chance you have heard of this particular situation happening? I'm racking my brain around how somebody could get away with this. ICBC isn't open until Monday so I can't get answers from them yet and Google hasn't been overly helpful other than to make me panic more about the consequences for something I didn't do.
Thanks very much for any help you can offer.
Reporting Driver's Licence Theft
You did the right thing by reporting the theft of your driver's licence to ICBC and the police. You have a simple way of establishing when it went missing now and are able to show good faith with the report.
Impersonation Complaint to ICBC
It is ICBC that you will have to deal with first by making a complaint of personation. ICBC calls it impersonation, and tells you to go to the nearest Driver Service Center (such as where you replaced your licence) or call them at 1-800-950-1498 and request a reporting package.
I don't know if that number is answered outside of regular business hours.
ICBC Will Have Police Investigate
Once you complete your package and forward it to ICBC, they will notify police who will carry out an investigation and report back on whether it is substantiated or not. If it is substantiated, you can expect that all of these difficulties will be removed from your driving record.
Likely the police will also lay a personation charge against the real driver. In this case, they should have a vehicle to work backward from as a starting point in the investigation.
My Experience as an Investigator
This probably happened to me about once a year and most often the driver in question did not hand me a driver's licence. I took a photo of them and used it as part of my notes.
When the personation package showed up, I would show the picture to the complainant and it was usually a friend or family member in the photo.
Depending on how careful the investigator was in the first instance, the personator usually has to be close acquaintance in order to answer all the questions about the licence, including the security keyword.
It Won't be a Short Process
Unfortunately, it will likely not be a short process. I would not be surprised if it took a month or more to straighten out.
Lawyer Referral
You could also consider using lawyer referral as an inexpensive way to get legal advice on what you should do.
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I got a few more answers today but it does sound like it will be a long process. The person who received the IRP was driving a vehicle without authorization to use it. Apparently the vehicle was not impounded because the registered owner did not report it as stolen, but it seems that the owner of the vehicle involved and the driver may have known each other. They also said the driver did not surrender the license to the officer.
I found out from ICBC that they did not actually record my driver's license as stolen when I reported it at the claims center. They also informed me that there are over $700 in fees owing, not including the $1000 Driver Remediation program. I was also informed that if I had been pulled over while driving on a suspended license, even where I technically was not at fault, I would likely have been arrested and received a 60 day vehicle impound.
So my part in all of this, as you confirmed, is to start a personation file and wait for Road Safety and the RCMP to sort it out. I also need to have a face-to-face meeting with the ticketing officer which is a pain since I'm not allowed to drive and I live 2 hours away. It's a big headache, but having information has definitely helped me. I will email you back with how this all plays out in the end.
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Paul Doroshenko of Acumen Law adds something that I should have considered, and that is the possibility of being charged with obstruction.
When you complete the impersonation package you must be completely honest. If you know who the person is it would be wise to say so, particularly if it asks you. Omitting or being deceptive here could wind up causing problems for you.
Also, if you were the driver and are falsely making a report of personation to avoid penalty, you open yourself up to a mischief charge as well.
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Thank You