The Immediate Roadside Prohibition (IRP) was introduced into BC’s Motor Vehicle Act on September 20, 2010. Because the IRP is administered under the Motor Vehicle Act, it does not leave a person with a criminal record. However, an IRP that is issued on the basis of a “fail” reading on a roadside screening device or refusal to provide a breath sample carries substantial penalties that can seriously impact a person’s life. In addition to a 90-day driving prohibition and a 30-day vehicle impoundment, a person who receives a 90-day IRP must pay a $500 fine, complete a responsible driver program and sometimes install an ignition interlock device in their vehicle.
If you receive an IRP and intend to dispute it, it is vital that you attend a Driver’s Services Centre within 7 days of the date you received the IRP to file for a written or oral review.
The IRP lawyers at Stern Shapray, Criminal Lawyers have been involved in challenging this legislation since its inception. We have some of the most experienced lawyers practicing in this area of law in the entire Province.
There are many potential defences to alcohol-related driving offences. If you have been arrested or charged with an impaired driving offence, or have received an Immediate Roadside Prohibition (IRP), it is advisable to discuss your case with an experienced criminal lawyer as soon as possible, regardless of whether you think you may be guilty. Impaired driving is a very complex and technical area of law and it is often the case that there are problems with the prosecution’s evidence or defences available to you that you are unaware of.
Even if it is your intention to enter a guilty plea to an impaired driving charge, you should be fully informed of the consequences of your decision beforehand. You should also learn how to best present your situation in court before the judge decides on the penalty you will receive.
If you or someone you know is the subject of an Immediate Roadside Prohibition and you want to discuss the case and learn your options, please contact us for a free and confidential consultation as soon as possible.