Now that Immediate Roadside Prohibitions for Fail on an ASD have been more or less abandoned by the police, people have started calling us after having received a 90-day Administrative Driving Prohibition (ADP).
You are much better off to have an ADP than an IRP. It is important, however, not to confuse the two or to conclude that because the IRP scheme has been found to violate the Charter, your ADP will mysteriously disappear. At this point in time, Administrative Driving Prohibitions have not been found in violation of the Charter of Rights and therefore you must consider whether it is appropriate to dispute it.
If you have an ADP you should know the invisible fine print: the Superintendent of Motor Vehicles will require you to have an interlock installed in your vehicle before you can get your license back and you must complete the Responsible Driver Program (RDP). So expect to pay over $2500 to the Government right there and if you drive for a living, you may lose your job.
This is part of the discretion of the Superintendent, but there is no review provision and it happens to everyone as far as we can tell, so it is really a blanket policy. And it is not on the Notice of Prohibition, so do not waste your time looking for it. If you do not dispute your ADP or you lose the hearing, you will receive a letter explaining that you must do the RDP and interlock.
Tuesday we conducted the first ADP review hearing since the December 23 decision which caused the police to fully revert to the ADP system. We were successful for the client. He drives for a living, so we are very happy with the result.
If you have received an ADP, call us right away because you only have 7 days to file the Application for Review and you should speak to a lawyer before you file the document. Often this can be handled over the phone.
ADPs often accompany criminal charges. The punishment is significant, so it is very important that you find yourself a criminal lawyer who you feel can do the best job for you. We have been doing this for a long time. Give us a call.