Compassionate grounds at IRP hearings
WATCH: I want to talk to you about compassionate grounds arguments at IRP hearings.
Of course people think that there’s always the sympathy angle. Well no. There isn’t.
Many people who are stopped for drinking and driving feel that the driving prohibition should be revoked because the punishment is too harsh for them personally. Other feel that the important thing is that they learned their lesson and on that basis they should get their drivers licence back. Still others believe that there should be some compassionate grounds because they need to drive for work or some other really important reason.
The compassionate grounds argument will not work to appeal your IRP so don’t waste your time getting letters from your employer.
I can tell you right now, if you hope to appeal an Immediate Roadside Prohibition with any of these arguments, they will not work. If this is all you’ve got, you’ll lose.
Revocation of an IRP on compassionate grounds has been specifically exempted from the Motor Vehicle Act. A compassionate grounds argument, such as needing your car for work, will always fall flat because it is not a consideration that RoadSafetyBC can take into account in the review of an IRP.
It’s not in the law and the adjudicators are not allowed to consider it. Moreover, the adjudicators are trained to ignore any sympathy arguments. They’ve been trained to focus in on the relevant application of the law to the facts.
So, do you know the law including the judicial decisions, court of appeal decisions and the decisions and practises of RoadSafetyBC? Do you know the facts, including all of the scientific material, police training material and unpublished internal documents? Do you have the police breathalyzers and have you been trained to operate them?
That’s why you want to speak to a lawyer about your Immediate Roadside Prohibition as soon as possible.
Remember, you have only seven days from the date your were issued the IRP to file for a review and there is no such thing as the sympathy angle. The compassionate grounds argument will not work to appeal your IRP so don’t waste your time getting letters from your employer. Now’s the time to call a lawyer.
Our job is to provide legal assistance to challenge driving prohibitions. There’s a good chance we can help you out. We’re ready to talk to you about your case. Call us now.