IRP’s and other Superintendent imposed Driving Prohibitions
Immediate Roadside Prohibitions (IRP) have a number of positive features for government as they streamline the processing of impaired driving charges and cut down on court costs. Unfortunately, it has many negative features that clients may not be aware of.
The Grim Realities Of IRPs
The lawyers at Pender Litigation are familiar with these charges, and can answer any questions you have about the IRP itself and your own particular situation. We will explain several features of the program, including:
- If you blow a yellow (“Warn”), you may get up to a 30-day driving prohibition, a fine, and your car impounded.
- If you blow a red (“Fail”) you are assumed to have a blood alcohol content (BAC) of 100 mg. Your license is suspended for 90 days, you get a fine, your car is impounded, and you may be required to have an expensive interlock device installed for a year on any car you drive, at your expense.
- If you refuse to take the test, you are subject to the same penalties as if you blew a fail.
- You will have to pay for towing and storage of your car.
- You will also have to pay for licence reinstatement and a Responsible Driver Program, which can cost over $800.
- The costs of fines, fees and interlock device may easily end up being $4-5,000.
- Your right to review your roadside prohibition is limited, and a dispute of the IRP must be filed within seven days of the police stop
These files have a very quick turnover, as the work of examining all the evidence against you and finding a defence must be done quickly. This can be a great deal of work performed in a very short time. Our IRP lawyers have fought to have IRP’s revoked since the program was first implemented. When adjudicators have erred we have argued these cases on judicial review in the Supreme Court and Court of Appeal.
Administrative Driving Prohibitions (“ADP’s”)
The other 90 day prohibition in the Motor Vehicle Act, ADP’s share many similarities with IRP’s but have a few key differences. Perhaps most importantly, they are usually issued when Criminal charges are laid. This often means a history of impaired driving or a collision has taken place.
Our lawyers have been dealing with ADP’s for years and are ready to help.
Other Driving Prohibitions
The Superintendent of Motor Vehicles has the discretion to prohibit drivers if they deem their record to be unsatisfactory. Penalty points or violations deemed as high-risk can also lead to prohibitions.
These prohibitions are usually triggered by a notice of intent to prohibit letter. That letter will give you the opportunity to dispute the prohibition. Our driving prohibition lawyers can guide you through the process, help gather evidence supporting your need for a license, and make submissions on your behalf to the Superintendent to keep your license in your hand.
Many prohibitions are issued as a result of violation tickets for speeding, careless driving or distracted driving. Our lawyers have handled many cases in traffic court and helped keep entries off driving records. Don’t wait until the letter comes from the Superintendent saying you are prohibited. Our lawyers can help prevent matters ever getting to that point.
IRP & Roadside Prohibitions FAQ
What is an Immediate Roadside Prohibition (IRP)?
An Immediate Roadside Prohibition is an alcohol-related driving prohibition that results in the suspension of your driving privileges for three, seven, 30, or 90 days. Effective as soon as it’s issued, the length of your prohibition depends on the results of your breath samples and whether you have been issued a prohibition in the past.
What is a 24-hour roadside prohibition?
A 24-hour roadside prohibition is a 24-hour suspension of your driving privileges, beginning at the time you are served with the notice. Police do not require a failed breath sample (for alcohol-related prohibitions) or coordination test (for drug-related prohibitions) to issue 24-hour roadside prohibitions, though you can request either of these tests if you believe neither alcohol nor drugs impaired your ability to drive.
What is an Administrative Roadside Prohibition (ADP)?
An Administrative Driving Prohibition differs from an Immediate Roadside Prohibition in that it is typically issued at a police station, based on the results of a more reliable analysis of your blood alcohol content than is produced by a roadside breathalyzer. Administrative Driving Prohibitions are often issued in addition to criminal charges arising from the same incident.
How can I challenge my roadside prohibition?
If you wish to challenge your roadside prohibition, you must apply for a review within seven days. Regardless of the type of prohibition you are challenging, you must meet this deadline. Late applications for a review will not, under any circumstances, be accepted.
Get Legal Counsel Now!
If you need help with any motor vehicle related charges or prohibitions then you need answers now and you need help immediately. Do not delay. We are here to help. Fill in the form below to get legal counsel now!
PLEASE NOTE: If this is an emergency or if you are in custody or been contacted by authorities then call our offices 24/7 at 604-669-6699