How to Dispute a 90 Day IRP

You have just seven days to dispute a 90 day Immediate Roadside Prohibition (IRP). You need to complete an ‘Application for Review of an Immediate Roadside Prohibition’ form and submit it to an ICBC driver licensing centre.

We specialise in defending drink drive charges and can request a review on your behalf. You do not have to use a lawyer, but you should remember that the burden of proof is on you. We can outline why the IRP should be revoked, helping you get your licence back.

Grounds for Review

A 90 day IRP is given to drivers who fail a breathalyser test, or who refuse to blow into an approved screening device (ASD). If this has happened to you, you can ask RoadSafetyBC to review the prohibition. If your review is successful, the driving ban could be reversed or reduced.

When you request a review, you must say why the 90 IRP should not be upheld. Grounds for review include:

  • You were not the driver or in care/control of the vehicle
  • You were not advised of your right to a second breath test
  • You asked for a second breath test, but the officer did not perform it
  • Your second breath test was performed on a different ASD
  • The police officer used the higher breath test result
  • The ASD did not register a fail or warn reading
  • The ASD was not reliable
  • The ASD registered a warn reading, but your blood alcohol content was less than 0.05
  • The ASD registered a fail reading, but your blood alcohol content was less than 0.08
  • You did not refuse/fail to comply with the demand to provide a breath sample
  • You had a reasonable excuse for failing to comply with the demand to provide a breath sample
  • You should have been given a seven or 30 day prohibition instead

Immediate Roadside Prohibition BC Review

You only have seven days to dispute a 90 day IRP, so you need to act quickly if you want to request a review. You need to:

  1. Get an ‘Immediate Roadside Prohibition – Application for Review’ form from an ICBC driver licensing centre
  2. Complete the form and return it with seven days of your suspension. You need to state what your grounds for review are, and submit supporting documentation
  3. Pay the fee. The amount depends on whether you request a written review or an oral hearing
  4. Receive a copy of the police disclosure information
  5. Prepare for the review hearing
  6. If you have requested an oral hearing, the Superintendent’s office will phone you. You then have the opportunity to say why your 90 day IRP should be revoked or reduced
  7. If you have requested a written review, you must provide evidence in support of your case two days before the scheduled review date

An adjudicator will consider all the evidence submitted – including the police disclosure report and your own submissions – before coming to a decision. The adjudicator has the power to:

  • Revoke your 90 day IRP, meaning you can immediately reapply for your driving licence. Any penalties, such as reinstatement fees or towage costs, will be reimbursed
  • Vary your 90 day IRP, meaning it is reduced to a 7 or 30 day prohibition. The monetary penalties may also be varied
  • Uphold your 90 day IRP, meaning it remains in place

Dispute a 90 day IRP today

When you dispute a 90 day IRP, the burden of proof is on you. Essentially, this means you need to convince the adjudicator that the police made a mistake. If you fail to achieve this, your driving ban will be upheld.

Because you need to submit a persuasive defence, we strongly recommend asking our lawyers to help you. There are various grounds for review and some of them are very technical. Even if you think there is no prospect for success, we urge you to contact us for advice. There may be a way to save your driving license.

 

Call A Vancouver Lawyer Now – 604.688.8588 (24hrs)

 

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