Immediate Roadside Prohibitions (“IRPs”)
The provincial government recently enacted legislation allowing most cases of drinking and driving to be dealt with through an administrative Immediate Roadside Prohibition (“IRP”), instead of with criminal charges. Although avoiding a criminal charge can be beneficial to the driver, generally these IRPs are swift, severe, and you do not get a trial. Most IRPs are 90-day prohibitions with a 30-day car impound. However, the consequences are more severe than that. If you get an IRP, the Superintendent of Motor Vehicles will also require you to participate in the responsible driving program. This involves taking courses and, significantly, putting the interlock ignition device on your car. These consequences can last a year or more, and will cost you thousands of dollars.
Driving prohibitions can be reviewed with the Superintendent of Motor Vehicles, but you must act fast. Sometimes the deadline to apply for a review is as little as seven days. These reviews are difficult and involve limited legal grounds. Needing your car for work or other types of personal hardship are not grounds for review. Having previously worked as an adjudicator at the Superintendent of Motor Vehicles, Mr. Saulnier knows the process and the arguments. In some cases, even if someone has lost a review, we can appeal further to the B.C. Supreme Court. Our lawyers have had success overturning these prohibitions.