How to Appeal an Immediate Roadside Prohibition (and Win)

If you’ve just received a 90-day immediate roadside prohibition (IRP), you are facing stiff penalties, heavy fees for courses, and a threat to your ability to earn a living. Our criminal defence lawyers know how to defend your rights and appeal the decision, but the clock is ticking. You only have seven days to request RoadSafetyBC to review your prohibition. This blog will cover what you need to know and how our attorneys can help you avoid losing your license.

If you’ve blown a “fail” on an approved screening device, or refused to blow, you will receive a 90-day IRP. Last year, a BC court ruling eased the regulations for appealing these prohibitions, leading to an increase in successful appeals. You must act quickly.

The Seven-Day Timeline

As we mentioned above, you have only seven days from the date you received your Notice of Driving Prohibition to request your review.

You must complete an Application for Review of an Immediate Roadside Prohibition form with all relevant police information regarding your case, including the date and location. You will be given an opportunity to present a legal defence and further information for the adjudicator to consider.

Please note: Even though you are going through the review process, you are still forbidden from driving.

Common Reasons for Appeal

When considering your review, the adjudicator will take a multitude of information into account. The following circumstances are grounds for overturning a decision:

• You were not in care of a motor vehicle
• You were not advised of your right to a second test on an approved screening device (ASD)
• The result of the ASD was not reliable
• Your BAC was less than .08

Even though the loss of your ability to drive may cause considerable hardship, this is not grounds for an appeal.

Successfully Appealing a Decision

Last December, in a major ruling, the BC Supreme Court overturned the interpretation of the law that prohibited drivers from introducing fresh evidence during their appeal. This means that a skilled defence team now has far more room to defend you from the decision than they used to; for example, if an attorney can successfully determine that the device used to obtain your reading was defective or unreliable, that evidence can now be introduced to your benefit. This is extremely valuable to you because the seven-day time limit allowed little time for the defence to gather evidence. Before this ruling, 22% of suspensions were overturned. With new regulations now in effect, that number is sure to rise.

Your 90-day IRP comes with expensive costs (a Responsible Driver Program, interlock device, etc.), and threatens your ability to earn a living. At Jaswal & Kreuger, we specialize in unique defence methods to help you fight your charge and successfully keep your right to drive. We’ve helped people in your exact position defend themselves against the Crown.

Don’t let a 90-day IRP stop you from driving. Please contact us immediately.