3, 7 and 30-Day IRP Driving Prohibitions
If a police officer believes that a driver’s ability to drive is affected by alcohol or the person blows a “warn” on an Approved Screening Device, the officer will seize the driver’s licence, have the vehicle towed and serve the person with a 3, 7 or 30-day Immediate Driving Prohibition (IRP) for blowing Warn.
Effect of a 3, 7 or 30-Day Driving Prohibition
Recently the Superintendent of Motor Vehicles has started to issue a Notice of Intent to Prohibit (see links below) or a Notice of Prohibition to drivers who have received a driving prohibition. If, in the opinion of the Superintendent, the driver’s driving history is unsatisfactory, the Superintendent may seek to further suspend the driver’s right to drive.
Challenging a 3, 7 or 30-Day Driving Prohibition
The dispute provisions for Immediate Driving Prohibitions are greatly limited by legislation.
To dispute an Immediate Driving Prohibition you must file your application for review and pay the filing fee within 7 days from the date of service.
Submissions must be made in writing in the case of a 3 or 7-day prohibition. The adjudicator can revoke the prohibition if they conclude that:
the person had the right to request and requested that the officer administer a test to indicate his or her blood alcohol level, but the peace officer failed to provide the person with the opportunity to undergo the test,
OR
the person was not a driver as defined by law.
We appeal IRP Driving Suspensions
We are recognized as the leading British Columbia Law Firm defending roadside driving prohibitions. We act for clients from towns and cities all over BC.
If you’ve received an IRP for blowing Warn, call us immediately and we can get to work on your case. If driving is important to you, call us now.