Immediate Roadside Prohibitions
For over fifty years if you were stopped by the police for drinking and driving you would face criminal charges.
(1) You were presumed innocent;
(2) The prosecution was required to prove its charges beyond a reasonable doubt;
(3) The police had to come to Court to testify;
(4) There were prosecutors and there were judges;
(5) The penalties included a one year driving prohibition and a fine.
Now, if you are stopped by the police for drinking and driving you (will mostly) receive an IRP.
(1) You are not presumed innocent – you must fight the charge;
(2) There are no prosecutors; there are no judges;
(3) The police do not testify, they fill in a report;
(4) The penalties include an immediate 90 day driving prohibition, a 30 day vehicle impoundment, substantial fines and participation in the Responsible Driver Program and in the Interlock Ignition Program for one year.
However, one important feature remains. Just because the police report that you failed a roadside test or that you refused to provide a test does not mean that the police are right and that your IRP and the penalties will stand. The police may have made a mistake in their report/evidence, the breathalyzer machine may not have accurately measured your blood alcohol content or there may be other reasons why your IRP should be cancelled.
The Immediate Roadside Prohibition regime is very different than how the system used to work. The laws are different. The issues are different. The process is different. The timelines are different. The decision makers are different. It has become a very specialized area.
If you receive an IRP, you have 7 days to dispute it. Contact us at 604-608-1200 to discuss.