I received a Immediate Roadside Driving Prohibition (IRP) for refusing to blow. Should I dispute it?
Yes. If you do not dispute the prohibition you are deemed to accept it. Normally, when we obtain the Report from the Superintendent of Motor Vehicles, we can tell you whether you will win or lose on the review. We have a library of successful driving prohibition review decisions. We also have a collection of all of the police breath testing devices used in BC, including four ASD Approved Screening Devices (Alco-Sensor IV) the original Breathalyzer and two BAC Datamaster Approved Instruments as well as the equipment to calibrate and test them. On a successful review, your license will be re-instated, your vehicle returned to you and the storage and towing costs will be paid by the Superintendent.

How does ICBC find out about my driving prohibition?
The Police officer completes a document called an IRP Notice of Driving Prohibition and faxes the document to the ICBC Office of the Superintendent of Motor Vehicles.

How do I dispute the Immediate Roadside Driving Prohibition?
Call our office before you do anything. We can start the procedure over the phone. Once we have the facts of your case, an Application for Review is filed at an ICBC licensing office.

How long do I have to file my dispute?
You have a mere seven days to file your Application for Review from the date you are served the IRP Notice of Prohibition. If you miss the deadline, you are deemed to accept the prohibition. Many people miss the deadline date because they have been misinformed about the time period. The dispute period is only seven days. The government will not notify you about all of the punishment and costs coming your way until the 7 -day period has expired.

When will they tell me if I succeed on the review?
A decision is to be rendered within 21 days of the date you received the prohibition. If the adjudicator needs more time, they may release your vehicle and issue you a temporary license. If you need more time to collect the evidence to prove you are innocent, and the matter is adjourned, you will still serve the prohibition. Even if you win following the first scheduled hearing, you will likely serve nearly 3 weeks of wrongful punishment.

Should I get a Lawyer for the IRP Dispute Hearing?
You have a much better chance of success if you have a lawyer with expertise in defending driving prohibitions. There are three main reasons to have a Driving Lawyer represent you for your IRP hearing.

1. An experienced lawyer knows the law and the defences and recognizes the important issues.
2. We have documents, material and evidence that you would not otherwise have to defend your case.
3. Only a lawyer has privilege.

When a lawyer makes submissions, his or her statements are not evidence. The disputant who conducts their own hearing runs the risk of providing evidence that is used against them to uphold the prohibition.

We have accumulated an extensive library of unpublished IRP review decisions as well as material from the RCMP, various police departments, scientific journals and other organizations that we selectively use to challenge IRPs.

Read some of our successful driving prohibition review decisions and call us to discuss your case: 604-685-8889