A question we are very often asked is whether an IRP is a criminal charge. In fact, we’re probably asked this question more than any other.
There are good reasons people ask this question.
Of course, an IRP is an Immediate Roadside Prohibition issued to a driver by the police. The most common Immediate Roadside Prohibitions are 90-days plus an expensive 30-day vehicle impound.
So it makes sense that people would wonder if it’s a criminal charge because it starts with a police investigation.
IRPs are issued based on police impaired driving investigations, and impaired driving is a criminal offence.
During the course of the investigation, the officer reads a Criminal Code demand for the driver to provide a breath sample. As the investigation continues, the officer may arrest the driver for a Criminal Code charge, read them their rights or other warnings that you see in a criminal case.
But that’s where it ends. Seriously, that’s where it ends if the police officer decides to issue an IRP.
Difference between an IRP and a Criminal Code charge
When the officer conducting the investigation decides to issue an Immediate Roadside Prohibition rather than continuing with a full-fledged impaired driving investigation, then the Criminal Charge part of the investigation is abandoned.
The officer stops at that point from collecting further evidence to support a criminal charge.
Usually, you can say this turning point becomes clear when the officer notifies the person of their right, under the Motor Vehicle Act, to provide a second sample on a different breathalyzer, and the lower reading will prevail.
The officer has decided to proceed under the Motor Vehicle Act instead of the Criminal Code.
The way the IRP law was written is that when an officer decides to issue an IRP, they can no longer proceed with a criminal impaired driving investigation. The officer is then proceeding under the Motor Vehicle Act.
The IRP is a Motor Vehicle Act matter which means it is not a criminal charge.
Although an IRP starts with a criminal investigation, it is not a criminal charge because it is issued under a non-criminal law (the Motor Vehicle Act).
The police do not gather the evidence needed to substantiate a criminal charge.
While an IRP is not a criminal charge, it still has long-term consequences similar to a criminal charge. For example, there is a record of the IRP in police computer systems on your driving record, which may impact your career.
If you have just received an IRP, give us a call right away. There are very tight deadlines that need to be met to dispute your IRP.
We are ready to help you with your IRP. Give us a call.