A 90-day ADP driving prohibition (Administrative Driving Prohibition) is normally the first thing you need to deal with if you have been charged with driving at or over .08, refusal to blow, or with drug-impaired driving.
YOU CAN CHALLENGE the 90-day driving prohibition, but you must file your Application for Review within 7 days of being served the Notice.
To challenge the driving prohibition you should speak with a criminal lawyer so the lawyer can help you with the paperwork and pick a date for the hearing. Then the Application for Review must be filed at an ICBC Driver Services Center.
Background to the 90-day ADP
If a police officer in BC believes that a person’s blood alcohol content equalled or exceeded 80 mg in 100 ml after having driven within 2 hours after having driven, or the person refused a demand for their breath under the Criminal Code, or the person had a blood drug concentration over the legal limit, or the person was impaired by a drug the officer MUST:
Serve the person a Notice of Prohibition
AND
Take their licence.
Normally this happens as part of an impaired driving investigation. In addition to a 24-hour prohibition and the documents requiring a person to attend court, the police serve the Administrative Driving Prohibition (ADP) Notice of Driving Prohibition.
Types of Review Hearings
There are two types of Review Hearings: Oral Reviews and Written Reviews. In our experience you have a greater chance of success on an Oral Review.
Review Fee
The fee to file the Application for Review to conduct an oral hearing is currently $200. It is not refundable.
Review Hearing
The Review Hearing is conducted over the phone. Before the hearing a report that was completed by the police is provided to you or your Lawyer. An adjudicator from the office of the Superintendent of Motor Vehicles (RoadSafetyBC) presides over the hearing. In most cases, your lawyer conducts the hearing for you. The adjudicator’s decision will be sent to your lawyer, usually within 4 days of the hearing.
The Law on 90-day Administration Driving Prohibitions
We maintain an extensive library of many successful review decisions. Generally speaking we succeed in most cases for the following reasons:
The evidence fails to establish the person operated a motor vehicle.
The evidence is illogical.
The evidence does not establish that the demand for a sample of breath was lawful.
The evidence demonstrates the person did not exceed the legal limit.
The person was not impaired by a drug at the time of driving.
The scientific or analytical methods used to test the breath sample, urine sample, or blood sample were flawed.
Effect of the Notice
Upon service of the Notice of Prohibition the clock begins to tick and you must act quickly to preserve your right to challenge the prohibition.
The Notice serves 3 main purposes
- It notifies the person that 21 days from the date they are given the Notice, they are prohibited from driving in BC for 90 days.
- It notifies the person that they have 7 days to apply to review the prohibition.
- It serves as a temporary drivers licence in some limited circumstances.
Your Notice is not always a temporary license. In cases of prohibitions stemming from an analysis of a blood sample or a urine sample, the Notice may also be a driver’s license for 7 days. It is important to consult with a lawyer before driving in order to be certain that your Notice permits you to drive.
Do I need a Lawyer for the ADP Review Hearing?
As with IRP review hearings, you are not permitted an opportunity to test the evidence by way of cross examination of the officer. Unlawfully obtained evidence is, with few exceptions, admitted and the officer can submit an un-sworn report. If you have a lawyer represent you at your hearing, you may be in a better position to address issues in the evidence. There are three main reasons to have a lawyer with experience defending driving prohibitions represent you:
- An experienced lawyer typically knows the law and the defences.
- Some lawyers will have access to documents you would not otherwise have to defend your case.
- Only a lawyer has privilege.
When a lawyer makes submissions, his statements are not evidence. For example, if the Report does not prove the person was a driver, the lawyer cannot be asked if their client was the driver.