Flores Leyva, Jorge
3446 147A St.
Surrey BC V4P 0A7
[INSERT DATE]
Ms. Patricia Boyle
Superintendent of Motor Vehicles
P.O. Box 9254
Stn. Prov. Govt.
Victoria BC
V8W9J2
Canada
Dear Madam,
RE: APPLICATION FOR REVIEW OF NOTICE OF PROHIBITION
This is an appeal from the Notice of Prohibition issued by the Superintendent of Motor Vehicles (hereinafter referred to as “Superintendent”) under file reference no. C-0442996. Without a hearing, the Superintendent proceeded to prohibit Flores Leyva from driving a motor vehicle because she deemed Flores’ driving record unsatisfactory. The Superintendent instructed Flores to surrender license no. 2502683 to the Insurance Corporation of British Columbia. Flores Leyva hereby applies for a review of the Notice of Prohibition subsequently issued.
Flores avers that it is important to consider what exactly happened on the day he was issued with citations that led to the issuance of the Notice of Prohibition.
On __ July 2021, Flores was driving on an empty farm road that had no vehicles or pedestrians in sight. Since there was no one, Flores found himself exceeding the speed limit by 37km/h. A law enforcement officer saw him and proceeded to stop him. The road was so clear that the officer was able to make a three point turn at the middle of the road. He did not need to use his emergency vehicle lights.
On [DATE], Flores was driving on a familiar road when he failed to see a sign which indicated no left turns. The sign was temporary and was erected because there were blocks up the road. Prior to the erection of the sign, it was legal to make left turns on that part of the road. When Flores made a left turn at less than 10km/h, a law enforcement officer who was hiding about 30 meters from the turn pounced on him. The officer issued Flores with a ticket then proceeded to hide and wait for the next person to make a left turn on the same spot.
In the Notice of Prohibition, the Superintendent indicated that she issued the Notice of Prohibition in the interest of public safety. Flores avers that in both instances above, he did not endanger public safety in any way. In the first instance, there was absolutely no vehicle or person on the road. Flores got carried away and found himself exceeding the speed limit by 37km/h. In the second instance, he did not know that there was a sign that indicated no left turns. He was familiar with the road so he thought there was no sign. He missed the sign due to inattentional blindness. Had he known that there was a sign that indicated no left turns ahead, he would not have made a left turn on that spot.
As a result of the Notice of Prohibition, Flores is unable to drive a motor vehicle. Flores avers that the prohibition in light of the fact that he did not endanger public safety in any way. Flores has already served ___ days of the 90-day prohibition period. He continues to suffer because of the fact that he cannot drive. He has experienced challenges in commuting to work as well as other places he would like to go to.
In light of the above reasons, Flores respectfully requests the Superintendent to revoke the Notice of Prohibition and authorize the reinstatement of his driver’s license.
Respectfully Submitted,
___________________________________
Flores Leyva, Jorge
VERIFICATION
I, Flores Leyva, Jorge, being duly sworn depose and say that I am a Defendant in the above-entitled action, that I have read the foregoing Application for Review of Notice of Prohibition and know the contents thereof. That the same is true of my own knowledge except as to those matters and things stated upon information and belief, and as to those things, I believe them to be true.
_________________________________
(Sign in the presence of a Notary Public)
Sworn to and subscribed before me this ___ day of ___________________, 2021.
______________________________
Notary Public
________________________________________
(Printed name of Notary Public)
My Commission Expires: ____________________
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