When we reviewed the documents we recently obtained through Freedom of Information Act (FOI) requests we got pretty angry. Usually we’re angry because we see that the BC Government seems to go through extreme machinations to avoid giving us the documents that we request concerning BC DUI driving suspensions. But this time we were angry about something else.
The Government didn’t create the IRP scheme to help people get their IRP revoked.
Two recent FOIs dealt with two different issues but they shed light on a third issue. In one package of documents we could count up and see how many Immediate Roadside Prohibition review hearings we succeeded on in the summer of 2015, (answer: most of them) as well as how many IRPs were issued and how many were successfully challenged in total in British Columbia. In the other package we could see that the Government people like the fact that overall most people miss the 7-day window to fight their IRP because they are confused about the process. The FOI disclosure goes as far as to show that Government staff revel in the fact that many people miss the 7 days because they are confused about the rules for criminal cases versus IRP cases.
Why most people lose their IRP
Most people lose their IRP because they miss the 7-day window to file to appeal. We explained this in a recent blog post. It’s sad. It also makes you very angry when you realize that the Government is taking advantage of the fact that people are confused. They seem to do their best to exacerbate the confusion. Clearly they don’t want people to apply for a review because if more people challenged their IRP, they’d need to revoke more IRPs.
The Government didn’t create the IRP scheme to help people get their IRP revoked. And you can see in the disclosure that they’re pleased as punch that people miss the 7-day appeal period.
The Confusion and the fine print
On the IRP Notice of Prohibition there is some fine print that purports to explain the right of review of an IRP.
It’s fine and dandy for lawyers, but to the normal person the fine print is designed to discourage from reading the fine print. It’s written in legal jargon. The terms used give the impression that the process is very difficult. One specific phrase is even foreign to BC; Google “Driver Licensing Centre” and you’re more likely to get hits from Alabama than from British Columbia.
It’s tragic. You could say it’s a drunk driving tragedy. Hundreds of people who get IRPs miss the 7-day appeal period and, had they disputed their IRP, they would have succeeded in having the IRP revoked.
Which brings us to the fine print.
We figure that if more people read the fine print on BC DUI driving suspensions, fewer people would miss the 7-day window. Even though it’s confusing and filled with jargon, it’s still better to read it within the 7-days so everyone can make the right decision.
To that end, below we are reprinting the fine print on the IRP Notice of Prohibition. We also have a stable web page with the IRP fine print which also explains some of the misleading and confusing aspects. If you know someone still in the 7-day window, direct them there.
Thanks again for reading our blog, following us on Facebook and Twitter and sending us kind feedback. We’re working hard for the people of British Columbia. And we suspect that with each Like we get on Facebook, a BC police officer forgets an ASD on the roof of their cruiser.
The Fine Print
IMMEDIATE EFFECT OF PROHIBITION AND RIGHT OF REVIEW
You are immediately prohibited from driving for the period set out in this notice of prohibition. You have the right to have this driving prohibition reviewed by the Superintendent of Motor Vehicles (the “Superintendent”) under section 215.48 of Motor Vehicle Act. An oral hearing is available only if the prohibition specified above is for 30 days or longer, and only if you specifically request one at the time you apply for a review. Filing an application for review does not stay the driving prohibition.
REVIEW INSTRUCTIONS
Within 7 days of the date of service of this Notice of Driving Prohibition you may apply to the Superintendent to review the prohibition. If you apply for a review you must: (1) file an application with the Superintendent at any Driver Licensing Centre, in the required form and manner, and containing all the required information; (2) pay all required fees; and (3) if the peace officer did not take your driver’s licence or permit to operate a motor vehicle, surrender it to the Insurance Corporation of British Columbia, or if applicable, file the required statutory declaration stating that the licence has been lost, stolen or destroyed.
When you apply for a review, the date and time for the review will be scheduled. If you intend to have a lawyer represent you, it is your responsibility to ensure the lawyer is available for the scheduled review. The scheduled review date will not be changed except in extraordinary circumstances.
When you apply for a review, copies of all available evidence concerning this prohibition will be disclosed to you unless you refuse the disclosure. If all relevant information is not available at the time of application, you must provide a fax number to which the documents can be sent, or make arrangement to collect the information or have it collected on your behalf from a Driver Licensing Centre.
You may attach to your review application any statements or other evidence that you wish the Superintendent to consider. You may also provide it separately to the Superintendent. In order to ensure that all of your written evidence is considered, you must provide the material to the Superintendent in advance of the scheduled review.
If you request an oral hearing and, without prior notice to the Superintendent, fail to appear on the date and at the time and place arranged for the hearing, your right to an oral hearing is deemed to have been waived.