IRP Judicial Review
If an Adjudicator from the office of RoadSafetyBC confirms your Immediate Roadside Prohibition, your only recourse is to appeal the decision of the Adjudicator to the BC Supreme Court by way of Judicial Review. If you lost your Immediate Roadside Prohibition hearing, you can still appeal the decision and have it removed from your driving record. Joel Whysall and Cathryn Waker can assist you with your judicial review.
Mickelson & Whysall led the way on challenging Immediate Roadside Prohibitions. They were successful in having the Immediate Roadside Prohibition regime struck down as being unconstitutional at the British Columbia Supreme Court on November 30, 2011. As a result, the legislation was amended and came into effect on June 15, 2012.
Joel Whysall has conducted thousands of impaired driving cases under the Criminal Code and is able to use his experience and knowledge of impaired driving charges and apply this law under the administrative Immediate Roadside Prohibition regime. Joel Whysall & Cathryn Waker are working hard to bring the procedural fairness into this administrative regime. Joel Whysall & Cathryn Waker are able to identify and articulate reasoning and legal errors in a decision and advance winning grounds for judicial review.
If you were unsuccessful in defending your Immediate Roadside Prohibition on your own, or you had another lawyer assist you, Joel Whysall and Cathryn Waker can help. It is best to call Mickelson & Whysall as soon as you get your decision in order to avoid suffering the consequences of the Immediate Roadside Prohibition. An application can be made for a stay of the driving prohibition and corresponding penalties. We regularly seek this on behalf of our clients.