WATCH: Today I want to tell you about the RoadSafetyBC disclosure in an Immediate Roadside Prohibition case.
When a police officer issues you a roadside prohibition, the officer is required in law to prepare a report about the case and send this disclosure to RoadSafetyBC in Victoria.
In most cases they will send the disclosure on the same shift. So if they issued you an IRP at midnight, before they go home they will return to their detachment, prepare the documents and send it to RoadSafetyBC, usually by fax.
A document that isn’t attached in a manner that abides by the strict letter of the law, can be challenged for admissibility
In addition to the documents that the officer gave you, they will prepare a Report to Superintendent, which is a simple form that attaches the other documents. The officer will write a description of what happened, using either a template or they can write it from scratch.
In most cases the officer will include a document from the other police officer who last tested the breathalyzer you blew into and a technical description of that device. The disclosure to RoadSafetyBC may include witness statements, notes and material from other officers.
All of this disclosure is prepared and sent to RoadSafetyBC. If you got an IRP on Friday night, then the disclosure is sitting on a fax machine in their office on Monday morning, which is couple of blocks away from our downtown Victoria location.
The Report to Superintendent is a document that the officer must swear before a commissioner for oaths. That document will typically attach a number of the other documents. A document that isn’t attached in a manner that abides by the strict letter of the law, can be challenged for admissibility at the hearing.
In our next video we’ll explain how we get the RoadSafetyBC disclosure and why we do this before doing anything else.
If you have received an Immediate Roadside Prohibition from driving, don’t despair. Phone us and we’ll talk to you about what we can do for you.