I received an Administrative Driving Prohibition. Should I dispute it?
Yes. If you do not dispute the prohibition you are deemed to accept it. Normally, when I obtain the Report from the Superintendent of Motor Vehicles, I can tell you whether you will win or lose on the review. I have a library of successful ADP review decisions. If I win your ADP review, I will have the review fee returned directly to you and you can get your license back.
How does ICBC find out about my driving prohibition?
The Police officer must complete a document called a Report to Superintendent (click for an example) and fax the document to the ICBC Office of the Superintendent of Motor Vehicles.
How do I dispute the 90-day ADP driving prohibition?
Call our office. After retaining your lawyer, an Application for Review is filed at an ICBC licensing office.
How long do I have to file my dispute?
You have seven days to file your Application for Review from the date you are served the Notice of Prohibition (example). If you miss the deadline, you are deemed to accept the prohibition. Many people miss the deadline date thinking that they have 21 days to dispute the prohibition. Although the prohibition does not come into effect for 21 days, the dispute period is only seven days.
Should I get a Lawyer for the ADP Hearing?
You have a much better chance of success if you have a lawyer with expertise in defending 90-day prohibitions. There are two main reasons to have a Criminal Lawyer represent you for your ADP hearing.
- An experienced lawyer knows the law and the defences.
- Only a lawyer has privilege.
When a lawyer makes submissions, his statements are not evidence. The disputant who conducts his or her own hearing runs the risk of providing evidence that is used against them to uphold the prohibition.
For example, if you defend yourself, the adjudicator may simply ask questions to clarify errors made by the police.
Read some of my successful ADP decisions and call me to schedule a free consultation: 604-685-8889
