Defending Your Rights Against Immediate Roadside Prohibitions
Facing an Immediate Roadside Prohibition (IRP) in BC?
If you have been issued an Immediate Roadside Prohibition (IRP) in British Columbia, it’s crucial to act quickly. You only have 7 days from the date of the prohibition to request a review of the decision. At Acumen Law, our experienced IRP lawyers are dedicated to helping you navigate this complex legal process and protect your driving privileges.
What is an Immediate Roadside Prohibition (IRP)?
An Immediate Roadside Prohibition is a penalty issued by the police when a driver fails a roadside breathalyzer test. Unlike a traditional DUI charge, the IRP process is administrative, meaning you won’t go to court. Instead, the decision to suspend your driving privileges is made through a government hearing in Victoria. If you are facing an IRP, you need a skilled lawyer to represent your interests and challenge the decision.
Why Choose Acumen Law for Your IRP Case?
At Acumen Law, we specialize in defending clients who have been issued IRPs. Our team, led by Paul Doroshenko and Kyla Lee, has been at the forefront of challenging the IRP law since its introduction in 2010. Over the years, we’ve successfully helped thousands of drivers regain their driving privileges by exposing flaws in the IRP process and challenging the evidence presented by the police.
Our lawyers specialize in:
- Breathalyzer testing and calibration: We have the knowledge and resources to review the breathalyzer results and identify any potential issues.
- Police procedures: We carefully examine police conduct to ensure that your rights were not violated during the testing process.
- Appeals: If your IRP has been upheld, we are ready to represent you in appealing the decision to the highest levels of court.
How We Help with Your IRP Case
When you choose Acumen Law, you are getting more than just a lawyer. Our team is dedicated to protecting your rights and ensuring that all avenues are explored in defending your case. We will:
- Review the evidence against you, including breathalyzer calibration and test procedures.
- Challenge police conduct during the roadside testing and subsequent procedure.
- Guide you through the appeal process if the initial IRP decision is not overturned.
The Importance of Acting Quickly
You must request a review of the IRP within 7 days of receiving the notice. Missing this deadline means the prohibition stands, and you will face a 90-day driving suspension in addition to a $500 fine. Our team will ensure that your case is reviewed on time and that you have the best possible chance of having the IRP decision overturned.
Frequently Asked Questions
1. What happens if I miss the 7-day deadline? If you fail to request a review within the 7-day window, the IRP will stand, and you will face a 90-day driving suspension. This is why it’s crucial to contact an IRP lawyer immediately after receiving your IRP.
2. Can I continue to drive while my IRP is under review? No. You will be issued a 7-day temporary driver’s permit that allows you to drive while the review process is pending. If the IRP is upheld, you will be subject to the full 90-day suspension.
3. How can Acumen Law help? Our team specializes in IRP defence. We will carefully examine the evidence, challenge any weaknesses in the case against you, and represent you in the appeal process if necessary.
The History of the IRP Law in BC
In 2010, British Columbia introduced the Immediate Roadside Prohibition (IRP) law as a new approach to impaired driving enforcement. This represented a significant departure from traditional DUI criminal charges. Instead of pursuing cases through the courts, the province adopted a more streamlined administrative model. This allowed police officers to issue prohibitions on the spot, relying on roadside breathalyzer tests rather than station-based evidentiary breath tests.
The shift to IRP law was controversial. Many legal professionals criticized the process, noting the limited disclosure of evidence and the removal of the right to cross-examine police officers. This sparked a wave of challenges from defence lawyers, including Paul Doroshenko and Kyla Lee at Acumen Law, who quickly became known for their expertise in challenging IRPs.
Over the years, these lawyers have been involved in several landmark cases, exposing procedural flaws and advocating for fairness in the IRP process. Their work has led to improvements in police training, adjustments to testing procedures, and greater scrutiny of administrative decisions.
Why This History Matters to Your Case
Understanding the origins of the IRP law—and the changes it has undergone—can provide context for your situation. It demonstrates why having an experienced lawyer on your side is crucial. Our team knows the history, the challenges, and the strategies necessary to navigate this complex legal landscape.
IRP Lawyer resources:
Our website has the most expansive information about the IRP law and the history of the IRP scheme. Our blog is the go-to source for people with IRPs, lawyers, police officers, Government workers and anyone who wants to know what’s going on both in front and behind the scenes with IRP appeals and the IRP scheme. We are responsible for substantial changes in police procedure because of our work exposing problems with the IRP law and our blog that reports the turning points in the IRP impaired driving law.
The IRP law and the making of an IRP lawyer:
How we exposed bad breathalyzer calibration procedure:
How we exposed scandals of the new ASD calibration procedure:
- Vancouver photocopy debacle: IRPs issued on photocopied evidence
- RCMP internal audit on breathalyzers shows “massive problems”: lawyer
How we forced change to the Interlock and RDP schemes:
- Letter: 60 Days to get the Interlock
- Update: 60 days to get the interlock letter
- RDP and Interlock review at the OSMV
- Our challenge to the interlock and RDP requirements
- Steve Martin has quit
- We win (Updated)
- It’s official: we can have the Interlock requirement lifted
How we deal with IRP appeals in Court:
- Appeal ruling on the breathalyzer report
- What this big IRP Court decision means to you
- The first IRP case at the Supreme Court of Canada
- The most interesting IRP development so far?
- IRP Judicial Review and Appeals
We defend IRP cases from every city and every region of BC. If you need a dedicated IRP lawyer, call us now and we can get to work on your case.
- Learn More: Immediate Roadside Prohibition Lawyers
- Learn More: Background to 90-day IRP Prohibitions
- Learn More: The Law on 90-day IRP Driving Prohibitions
- Learn More: IRP Judicial Review and Appeals
- Learn More: Immediate Roadside Prohibition Case Results (IRP)
- Learn More: FAQs about IRP Immediate Roadside Prohibitions
- Learn More: The Approved Screening Device – How it Works
- Learn More: Vancouver DUI Lawyers