IMMEDIATE ROADSIDE PROHIBITION (IRP) LAWYER

IMMEDIATE ROADSIDE PROHIBITIONS (IRPs) ARE VERY TECHNICAL IN NATURE AND REQUIRE A THOROUGH REVIEW OF THE POLICE EVIDENCE TO MOUNT A STRONG DEFENCE.

 

Have you received an immediate roadside prohibition (IRP)? Act fast! You only have 7 actual days from the date that you received your IRP to file an application for review.

What is an IRP?

An IRP is a driving prohibition issued to alcohol affected drivers under the Motor Vehicle Act due to drinking and driving with blood alcohol concentrations of 50 milligrams per 100 millilitres of blood (50mg% or 0.05 BAC) and above. It is based on breath tests taken roadside on a handheld approved screening device (ASD). It is the most common form of a DUI or an impaired driving charge.

A police officer will issue an IRP Notice of Driving Prohibition when a driver has care or control of a motor vehicle, and following a demand to provide a breath sample on an approved screening device:

  • if the driver has a blood alcohol concentration over 0.05% BAC (the “Warn” range)

  • if the driver has a blood alcohol concentration over 0.08% BAC (the “Fail” range)

  • if the driver fails or refuses to comply with a breath test without a reasonable excuse

If you receive an IRP you must surrender your driver’s licence immediately to the issuing police officer. The driving prohibition will begin immediately. The immediate roadside prohibition can range from 3 days for a warn to 90 days for a fail or refusal. Your vehicle will also be impounded for a period of 3 to 90 days depending on the IRP that you have been served.

Applying for a Review

If you have received an IRP, it is important that you contact an IRP lawyer so that you can file an application for review. Keep in mind that you only have 7 actual days to file an application for review. Such applications are filed at an I.C.B.C. Driver Services Centre. A written review application costs $100 where as an oral review application costs $200.

The grounds for review on an application for review are:

  • you were not the driver, or were not in care or control of the motor vehicle;

  • you were not advised of your right to a second test on an approved screening device (ASD);

  • you requested a second breath test, but the officer did not perform a second test;

  • your second test was not performed on a different ASD;

  • the prohibition was not served on the basis of the lower of the two ASD results;

  • the result of the ASD test was not reliable;

  • the ASD, which formed the basis of the prohibition, did not register a WARN reading;

  • the ASD registered a WARN, but your blood alcohol content was less than 0.05% BAC (50mg of alcohol in 100ml of blood);

  • the ASD, which formed the basis of the prohibition, did not register a FAIL reading;

  • the ASD registered a FAIL, but your blood alcohol content was less than 0.08% BAC (80mg of alcohol in 100ml of blood);

  • your 7– or 30– day prohibition should be reduced because you did not have any previous IRP(s); 

  • you did not refuse or fail to comply with a demand for a breath test, or; 

  • you had a reasonable excuse for refusing or failing to comply with a demand

These are the only grounds of review. The Adjudicator cannot consider any type of hardship. The burden of proof is on the applicant.

Once submissions have been made and the review hearing completed, the Adjudicator will make a decision and send it to the applicant or his legal counsel within 21 days from the date of service of the immediate roadside prohibition.

The Adjudicator can confirm the driving prohibition, revoke the driving prohibition or vary the driving prohibition. If a prohibition is revoked or varied the owner of the vehicle will be reimbursed for eligible towing and storage fees provided that the vehicle was not impounded for another reason.

Consequences of an IRP

Having an IRP on your record can have serious consequences for you. The fine associated with an IRP is $500, which is in addition to towing and storage fees. In addition to having to pay these fines, you may be required to enroll in the Responsible Driver Program ($880 plus tax) and or have the ignition interlock device ($1730 plus tax) put in your vehicle. You will also have to pay a $250 driver’s licence reinstatement fee. The costs associated with an IRP are significant: not being able to drive for 90 days, having your vehicle impounded for 30 days and the significant financial penalties make it worth it to fight your IRP.

If you have received an IRP contact Vancouver IRP lawyer Jas Mangat at 1-604-896-0422 for a free 30 minute in-office consultation.