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.