What you need to know right now about your 90-day IRP:
All 90-day Immediate Roadside Prohibitions (or “IRPs”) are issued at the roadside by a police officer who claims that a driver provided a sample to an Approved Screening Device that registered a “Fail” reading or refused to provide a breath sample at the roadside. The prohibition begins immediately and the driver’s vehicle is impounded.
The duration of the prohibition is 90 days. The impound duration is 30 days. There is a monetary penalty of $500, in addition to the towing and storage charges. As well, everyone who is served a 90-day IRP must enroll in and complete the Responsible Driver Program ($880 plus $105.60 tax), they cannot drive until the 90-day period has expired, they must pay a $250 license reinstatement fee and many people must have an alcohol interlock device installed in their vehicle (approximately $1730 plus $207.60 tax per year). Each year for at least 3 years you will be assessed the Driver Risk Premium by ICBC of at least $370.
IRP driving prohibitions are recorded and displayed on your driver’s abstract and described as “90-day Immediate Roadside Prohibition (Alcohol).” The prohibition is never expunged from your driving record.
You Can Challenge your 90-day Immediate Roadside Prohibition
TO CHALLENGE the 90-day IRP Immediate roadside prohibition an Application for Review must be filed within 7 days of being served the Notice. We strongly advise that you contact our law office before filing for your review. We file the review for our clients to reduce the risk of errors.
The review fee paid to ICBC is $200 for an oral hearing. In most cases it is better to have your lawyer conduct an oral hearing. Secret internal Government documents indicate that you are better to have an oral hearing. We have demonstrated over and over that oral hearing are superior to written hearings.
To challenge the driving prohibition you should first speak with a lawyer so the lawyer can complete the paperwork and pick a date for the hearing. The Application for Review must be filed at an ICBC Driver Services Center. Every case is different. It is advisable to contact the lawyers at our office to obtain and review the disclosure.
If you are successful on the IRP review hearing, you are permitted to obtain a driver’s license at the earliest opportunity, your vehicle is released and the towing and storage charges are paid for by the government up until the day the successful review decision is issued. You will not have to take the Responsible Driver Program or have an interlock installed before you can drive again.
Immediate Roadside Prohibition Lawyers
WE HAVE PROTECTED THE DRIVING PRIVILEGES OF THOUSANDS of British Columbia drivers since the law first came into effect in September 2010. We have succeeded in more Immediate Roadside Prohibition appeals than any other law firm in BC, so we know what we’re doing. Often we can get started on the case with just one phone call. Please call us as soon as possible if you have received a 90-day Immediate Roadside Prohibition. The Immediate Roadside Prohibition lawyers at our office are recognized as the leaders in IRP defence in British Columbia with offices in Vancouver, Victoria, Surrey and Richmond.
We defend IRPs for clients from every community in British Columbia. We have records for Approved Screening Devices from around BC and we know how to tell if the breath readings are reliable. We review our records to examine the history of specific breathalyzers. Our lawyers understand the police documents and we have exposed problems with devices from around BC.
If you have received a 90-day Immediate Roadside Prohibition, we have an IRP lawyer to take your call.
Phone us right away so we can get started on your case.